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.

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