June 8th, 2018
Accused’s Spontaneous Statements When Released Not Covered By Right To Counsel – R v Brazeau, 2018 Alberta Court Of Appeal
Appeal from convictions for flight from police, impaired and dangerous driving, and robbery. Following a chase, police located vehicle in a ditch and the appellant beside it. Appellant was chartered and cautioned and indicated he wanted to speak with a lawyer at the police station. Appellant was taken to hospital to be treated for injuries, … Read More.
August 10th, 2016
Client stopped by police for an impaired investigation. Blew a fail in the roadside screening device so was arrested and a breath demand was made. Client was advised of his right to call a lawyer and he asserted this right. Officer apparently attempted to call legal aid duty lawyer for client while in the police … Read More.
September 13th, 2017
R v Keror, 2017 Alberta (Calgary) Court Of Appeal per Paperny, Veldhuis, Strekaf, JA – T. Judge: Hughes, J:
Appeal from murder conviction. Issue regarding the admissibility of statements made to police, and an alleged 10(b) breach. Accused wanted to speak to a specific lawyer upon arrest. Police assisted the accused in attempting to reach that lawyer, however, the attempts were unsuccessful. Accused then spoke to duty counsel, and responded “yes” when police asked … Read More.
August 28th, 2017
Summary conviction appeal from an impaired driving conviction. 10(b) issue. Accused spent more than 50 minutes in the phone room. At times the accused explained to police various difficulties he was having connecting with a lawyer. Ultimately the accused exited the phone room, and police concluded that he was finished with the phone. Accused testified … Read More.
Accused confessed to police to the murder of a woman while he was a prisoner at a jail charged with two other murders. Police met with the accused in jail. 10(b) rights not provided, as the accused was told by police that he was not detained, and that he could leave the interview room inside … Read More.
May 19th, 2017
Impaired driving trial. After brief observations, the accused was asked by police to step out of his vehicle for further investigation. Issue regarding the admissibility of all indicia observed after the accused was directed to step from his vehicle (ie, while the right to counsel was suspended). Held: Acquitted. As per Visser, 2013 BCCA 393: … Read More.
May 12th, 2017
Impaired driving trial. When arrested at the roadside, and asked about calling a lawyer, accused responded: “not at this moment”. Police officer took this comment as unequivocal. Right to counsel not raised again throughout the investigation. Issue regarding implicit assertion and/or waiver. Held: No s. 10(b) breach. Henry, 2004 ABQB 440 (wherein the accused said … Read More.
May 6th, 2017
Accused charged with refusal to provide a screening breath sample and dangerous driving. After refusing to blow at the roadside, the accused was taken into the detachment to exercise his right to counsel, as he had asserted the same upon arrest. At the detachment the accused told police that he could not find the name … Read More.
Accused was a police officer who was charged with offences including possession of marihuana. Accused was arrested at his home, and asserted his right to counsel. Minutes later a police officer spoke with the accused (without asking specific questions), and the accused made admissions and agreed to a consent search of his residence. Police were … Read More.
October 27th, 2016
Conviction appeal on charge of refusal to provide a screening breath sample. Issue as to whether trial judge erred in finding that the accused’s words of refusal could be used to incriminate, given that the 10(b) right was suspended at the roadside Held: Appeal dismissed. “The appellant calls the difference between a refusal and a … Read More.