41 total
Roadside Charter caution offering counsel 'now' is not misleading and satisfies informational requirements.
The accused was arrested for impaired driving and advised of her right to counsel at the roadside, including the right to free legal advice 'right now'.
She declined to call a lawyer and was not re-advised of her rights upon arriving at the police station.
The trial judge convicted her, but the summary conviction appeal court allowed her appeal, finding the roadside caution misleading.
The Court of Appeal allowed the Crown's appeal and restored the conviction, holding that the use of the word 'now' properly conveys the immediacy of the right to counsel and does not require the officer to specify that the call will be made from the police station.