Trial on charges including impaired driving causing death. Accused arrested for impaired simpliciter following a serious motor vehicle accident. Prior to contacting counsel, the accused had not been advised of the potential for more serious charges given the injuries caused.

Held: No 10(b) breach.

The accused was present at the accident scene and knew that the driver of the other vehicle was “unconscious … with blood coming from her head.” Given all of the circumstances, the accused had sufficient awareness of the jeopardy he faced while in custody and while being advised of his rights. “The focus should not be on the technical detail of what the accused may or may not have been told”: Smith [1991] 1 SCR 714.

W. Tatarchuk – Defence Counsel