David Michael Barrison

The accused applied under s. 24(2) of the Charter to exclude a police interview statement on the basis that his s. 10(b) right to counsel was breached.

Although the accused had spoken with duty counsel after arrest, he later expressed confusion about whether duty counsel was a lawyer and repeatedly requested to speak with a lawyer during a subsequent police interview.

The police declined to facilitate further consultation because the accused could not name a specific lawyer.

The court held that the detainee’s comments demonstrated a reason to question his understanding of the right to counsel under the framework established in R. v. Sinclair.

Applying the exclusion analysis from R. v. Grant, the court found the Charter breach serious and concluded that admitting the statement would bring the administration of justice into disrepute.