The appellant was convicted of assault causing bodily harm against his common-law wife.
Upon the arrival of the police, he made a spontaneous inculpatory statement.
After being arrested and advised of his right to counsel and legal aid, but not specifically of the availability of duty counsel, he made a second inculpatory statement.
The Supreme Court of Canada held that while the failure to inform the appellant of duty counsel violated his rights under section 10(b) of the Charter, the second statement was admissible under section 24(2) because the breach did not affect his behaviour and its admission would not bring the administration of justice into disrepute.
