The appellant was arrested for murder, advised of his right to counsel, and spoke with his lawyer twice before being interviewed by police.
During the five-hour interview, the appellant repeatedly stated he had nothing to say and wished to speak to his lawyer again.
The police refused further consultation and continued questioning, eventually obtaining a confession.
The Supreme Court of Canada held that section 10(b) of the Charter does not mandate the presence of counsel throughout an interrogation, nor does it require police to provide multiple opportunities to consult counsel unless there are changed circumstances, such as new procedures, a change in jeopardy, or reason to believe the detainee did not understand their rights.
As no such circumstances existed, the appeal was dismissed.
