The appellant appealed his convictions for distributing and possessing child pornography, arguing his s. 10(b) Charter right to counsel was breached and three statements to police should have been excluded.
The Court of Appeal upheld the trial judge's decision to admit the first and third statements.
The court found the appellant was not detained during the first statement, and the third statement was not tainted by any potential breach during the second statement, as the appellant repeatedly declined to contact counsel before the third interview.
The appeal was dismissed.