The accused was arrested at an airport after a search of his suitcase revealed over a kilogram of cocaine.
He brought a Charter application alleging violations of his s. 10(b) right to counsel due to a failure to hold off questioning and a 7-hour delay in facilitating contact with duty counsel.
The court found that the police breached s. 10(b) by asking a question before counsel was contacted and by the unexplained delay.
However, applying the Grant framework, the court declined to exclude the drugs and other evidence under s. 24(2), finding the evidence was reliable, independently discoverable, and its admission would not bring the administration of justice into disrepute.
