The accused, charged with robbery, brought a motion to exclude his videotaped statement to police, alleging breaches of his s. 10(b) and s. 7 Charter rights.
Although the accused spoke briefly with Duty Counsel, he expressed confusion during the subsequent police interview and indicated he wanted to speak to a lawyer of his own choosing.
The interviewing officer interrupted the accused's attempt to find a lawyer in the phone book and continued questioning him.
The court found that the officer failed to facilitate the accused's right to counsel, resulting in a serious breach of s. 10(b).
Applying the Grant framework, the court excluded the statement under s. 24(2) of the Charter.
