R. v. Cornelio

[1998] O.J. No. 4909

Facts

ON GD

Application to exclude a statement made on arrest, did not understand English, convinced to come to Canada from Ecuador by an undercover officer, charged conspiracy to traffic in cocaine, discussion in Spanish with an officer, pre-arranged signal, arrest, RTC and duty counsel in English, some of rights translated by Spanish speaking officer, discussion re Spanish speaking lawyer, videotape turned off, to permit call to lawyer, back in, "No, not necessary", evidence of accused, concern re "police lawyer"

Reasons

ON GD

s. 14 not extending that far, the information given in Spanish made no reference to Ontario Legal Aid Plan or 1-800 number, Bartle: informational component of the RTC must be "comprehensive in scope"... officer didn't see logic in providing 1-800 number because didn't speak English, but this is a circumstance which required the police to give the accused more, rather than less, information than would be the case for a detainee familiar with our justice system... at arrest been in country for 24 hours...entitled to be told that the services of a free duty counsel were available and he should have been told that arrangements could be made for a Spanish interpreter if he wanted to use this service... it was also necessary to explain to accused that he was entitled to have a lawyer of his choice...para 25 "It was not made clear that he was free to select a lawyer of his choice, or that he could use an interpreter to speak to a non-Spanish lawyer, or that the Spanish-speaking lawyer arranged by the police had no connection to the police, or that legal aid assistance was available to pay private lawyers rather than having to use a "government lawyer"".

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