The accused was charged with "Over 80" (operating a motor vehicle with a blood alcohol concentration in excess of the legal limit).
The sole issue was whether the accused's Charter rights under s. 10(b) (right to counsel) were breached.
The accused requested to speak with her lawyer of choice, Karl Toews.
Police made six attempts to contact him over 45 minutes during business hours but were unsuccessful.
Police offered the accused the option of contacting another lawyer or duty counsel, which she declined.
The court found no breach of s. 10(b) rights because the accused failed to exercise reasonable diligence in exercising her right to counsel by declining the offer of free legal aid duty counsel.
The court distinguished the case from precedents where accused persons had been found to be duly diligent.
The accused was convicted.
