The respondent was found asleep behind the wheel of his running car and was arrested for impaired driving.
He was read his Charter rights, including the right to apply for Legal Aid, but was not informed of duty counsel as Prince Edward Island did not have a 24-hour duty counsel system.
The respondent declined to call a lawyer and refused to provide a breath sample.
The Supreme Court of Canada held that section 10(b) of the Charter does not impose a positive obligation on governments to provide a 24-hour duty counsel system.
As the police complied with the informational requirements of section 10(b) based on the services available, no Charter breach occurred, and the evidence of the refusal was admissible.
The Crown's appeal was allowed and a new trial ordered.
