The Supreme Court of Canada considered whether police officers can ask drivers about prior alcohol consumption and request roadside sobriety tests without first informing them of their right to counsel under s. 10(b) of the Charter.
The Court held that while such police actions do infringe the right to counsel, the infringement is a reasonable limit prescribed by law and demonstrably justified under s. 1 of the Charter.
The limit arises by necessary implication from the operating requirements of provincial highway traffic legislation and the Criminal Code.
The evidence obtained was admissible, and the orders for new trials for both accused were upheld.
