The appellant was arrested for murder and informed of his right to counsel.
After an unsuccessful attempt to contact his preferred lawyer, he spoke with duty counsel and expressed satisfaction with the advice.
He subsequently provided an incriminating statement to the police.
The trial judge excluded the statement, finding a breach of the appellant's s. 10(b) Charter right to counsel of choice.
The Court of Appeal reversed the acquittal.
The Supreme Court of Canada dismissed the appeal, holding that the police did not breach the appellant's right to counsel, as he was afforded a reasonable opportunity to contact counsel and voluntarily chose to speak with duty counsel.
