Anthony Michael Bugo

The accused applied under s. 10(b) of the Canadian Charter of Rights and Freedoms to exclude a police statement made during an interview following arrest for sexual assault-related offences.

Although the accused had been advised of his right to counsel at the time of arrest, he had not yet spoken with his retained lawyer when the police conducted a videotaped interview the following day.

During the interview the accused repeatedly indicated he wished his lawyer to explain matters to him and stated he had not spoken with counsel.

The court held that although the continued custody did not amount to a second detention requiring a renewed caution, the accused had not been given a reasonable opportunity to consult counsel before questioning.

The resulting statement was excluded under s. 24(2) and could not be used by the Crown, including for cross‑examination.