Homicide trial. Various issues regarding alleged s. 10(b) breaches and the taking of statements. After the accused was finished on the telephone, he was asked by police if he was “satisfied with that”. Issue as to whether the officer was required to more formally ask if the accused “was satisfied with the advice from Legal Aid” as per Whitford, 1997 ABCA 85.
Held: No 10(b) breach.
What constitutes a reasonable opportunity to contact counsel varies from case to case. “This case bears no resemblance to the Whitford case.” As per Sinclair [2010] 2 SCR 310, “In most cases, an initial warning, coupled with a reasonable opportunity to consult counsel when the detainee invokes the right, satisfies s. 10(b).”
K. Molle, K. Arial – Defence Counsel