The appellant was arrested for robbery and informed of his right to counsel.
At the police station, he declined to call his lawyer because it was late, stating he would call in the morning.
The police subsequently questioned him, and he made an 'off the record' statement.
The Supreme Court of Canada held that the appellant's s. 10(b) Charter rights were not violated because he was not reasonably diligent in exercising his right to counsel when given the opportunity.
The appeal was dismissed and the statement was admitted.
