Impaired driving trial. Multiple Charter breaches alleged (including reasonable grounds issue). Regarding right to counsel, while at the detachment, the accused requested use of his cell phone in order to access certain numbers. Police advised accused that they could not locate his phone (although they had seized it upon his arrest).
Held: 10(b) breach. Certificate excluded.
As per Top, 1989 ABCA 98, given the information / request provided to police by the accused, the police 10(b) implementational duties expanded to include making reasonable efforts to locate and provide the cell phone. The police failure to retrieve the cell phone constituted a 10(b) breach. Regarding 24(2), multiple breaches. Certificate excluded.
J. Patel – Defence Counsel