Impaired driving trial. Issue regarding proof of a valid waiver. The entire interaction between the accused and the officer in and around the phone room was audio recorded as part of the VICS recording. The accused made numerous attempts to contact the 1-866 duty counsel line, however, no one ever picked up the phone. Ultimately the accused abandoned his efforts and did not speak to a lawyer. The waiver was read, and the officer encouraged the accused to “keep trying”, and reminded him that he could try different phone numbers.
Held: No s. 10(b) breach.
Valid waiver proven by the Crown. As per Beauregard, 2016 ABCA 37: “It is significant that these implementational duties only extend to providing a ‘reasonable opportunity’ … There is no obligation on the police to guarantee … contact with counsel. This is implicit in the finding that there is no constitutional obligation on the government to provide free duty counsel.”
E. Weisenburger – Defence Counsel