Trial on unstated charges. Issue with respect to alleged 10(b) breach regarding accused’s statement to police. In an effort to persuade accused to speak, police made various comments about how the lawyer is not “the one sitting in the chair” right now and that all lawyers tell detainees not to speak.

Held: No 10(b) breach.

Nothing that the police said denigrated the role of counsel as per Burlingham [1995] 2 SCR 206. “There was no belittling of the accused’s counsel by the detective … He was simply pointing out that the lawyer was not the one facing questions and that the detective was simply seeking the accused’s side of the story. There is no evidence that these few comments did or would undermine the accused’s confidence in his lawyer.”

L. Faught – Defence Counsel