R. v. Lukavecki

[1992] O.J. No. 2123

Facts

ON GD

some conversation with accused before ALERT demand, heavy accent, realized English not his first language, arrested and RTC, when asked if understood "yeah, I do", asked if wanted to contact a lawyer - no response, advised of RTC and duty counsel - free lawyer - "no", also said "I don't speak the best English", didn't ask how long in Canada, asked native tongue, Yugoslavian... testified immigrated to Canada in 1985, no English courses, does not know meaning of "counsel" or "legal aid", did not know of his right to call lawyer before breath test, trial judge found no language problem, rejected evidence of the accused

Another Issue

ON GD

the principle in Vanstaceghem

Reasons

ON GD

"the principle in Vanstaceghem is that one the officers are alerted that there are special circumstances, then they must "reasonably ascertain that the respondent's constitutional rights were understood by him." ... the test contains an objective element ... not dependant only on the bona fides of the opinion formed by the officers on the spot or the credibilty of the accused which is assessed against the officer's opinion... question of law, whether the accused was given his s. 10(b) rights "in a meaningful and comprehensible manner." .. do enough? ...give the rights in the native language of the accused either through a native speaker, or in written form, may be other inquiries .. asking re Yugoslavian interpreter

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