Facts

QU CA

The accused placed a call to his wife who was to call a lawyer on his behalf. However, immediately following this telephone call the police officers requested that the accused provide the breath sample and the accused complied. The evidence indicated that from the moment the accused was stopped by the police his behaviour was violent, vulgar and obnoxious.

Issue

QU CA

Right to Counsel

Held

QU CA

There was no urgency to proceed with the breathalyzer tests. Accordingly, to do so resulted in a violation of the accused's right to counsel as guaranteed by s. 10(b) of the Charter of Rights. However, this was not a case where the evidence obtained following the violation of the accused's rights should be excluded. The evidence indicated that from the moment the accused was stopped by the police his behaviour was violent, vulgar and obnoxious. While the police did not afford the accused a reasonable opportunity to contact a lawyer through his wife before calling upon him to give a breath sample their haste in the matter was provoked by the accused's own behaviour.