The accused was arrested for murder and informed of his right to counsel.
He subsequently made an inculpatory statement to the police.
The trial judge excluded the statement under s. 24(2) of the Charter, finding a violation of s. 10(b), and the accused was acquitted.
The Court of Appeal quashed the acquittal and ordered a new trial.
The Supreme Court of Canada dismissed the appeal, holding that absent proof the accused did not understand his right to counsel, the onus is on him to prove he asked for the right and was denied.
As the police complied with s. 10(b) and the accused did not indicate a desire to exercise his right, no violation occurred.
