Anil K. Kapoor

The appellant was arrested for impaired driving and read his right to counsel under s. 10(b) of the Charter.

The arresting officer advised him of the right to free legal advice from legal aid but failed to mention the 24-hour toll-free duty counsel number printed on the caution card.

The appellant expressed confusion about contacting a lawyer but eventually took and failed two breathalyser tests.

The Supreme Court of Canada held that the police breached the informational component of s. 10(b) by failing to advise the appellant of the toll-free duty counsel service.

The Court excluded the breathalyser evidence under s. 24(2), concluding its admission would render the trial unfair and bring the administration of justice into disrepute.

The Crown appealed a decision of the Saskatchewan Court of Appeal regarding the admission of breathalyzer evidence where the accused was too impaired to understand his right to counsel.

Assuming without deciding that there was a violation of the accused's s. 10(b) Charter rights, the Supreme Court of Canada held that the admission of the evidence would not bring the administration of justice into disrepute under s. 24(2).

The appeal was allowed and the conviction was restored.