Police officer failed to satisfy his obligations respecting right to counsel

Ontario criminal | Charter of Rights

Right to counsel

Police officer failed to satisfy his obligations respecting right to counsel

Crown asked court to grant leave to appeal on basis that it raised important questions about detainee’s obligation of diligence in s. 10(b) Charter application. Leave to appeal denied. On findings of trial judge, ratified by summary conviction appeal judge, police officer failed to satisfy his obligations to afford accused not only reasonable opportunity to contact counsel of his choice but also to facilitate that contact. In light of those failings, it was unsurprising that trial judge accepted accused’s evidence that he felt he had no choice but to speak with duty counsel. Accordingly, this matter did not meet R.R. test and leave was denied.
R. v. Vernon (Mar. 14, 2016, Ont. C.A., Feldman J.A., Gillese J.A., and Huscroft J.A., CA C60937) Leave to appeal decision at 124 W.C.B. (2d) 241 was refused. 129 W.C.B. (2d) 110.


Free newsletter

Our newsletter is FREE and keeps you up to date on all the developments in the Ontario legal community. Please enter your email address below to subscribe.

Recent articles & video

Divided convocation, AI, climate, and mental health among Bencher election issues for independents

Ontario Ministry of Finance launches consultations on framework for pension plan target benefits

Superior Court limits claims in motor vehicle accident due to an enforceable representation

Conditional sentence for man who killed 'racist' sets model for dealing with systemic racism: lawyer

Ontario proposes highest maximum fines in Canada for withholding foreign workers' passports

uOttawa law prof Carissima Mathen awarded David Walter Mundell Medal for excellence in legal writing

Most Read Articles

Conditional sentence for man who killed 'racist' sets model for dealing with systemic racism: lawyer

Divided convocation, AI, climate, and mental health among Bencher election issues for independents

Ontario Superior Court of Justice affirms no absolute right to amend pleadings

Superior Court limits claims in motor vehicle accident due to an enforceable representation