The appellant was convicted of refusing to provide a breath sample.
He appealed, arguing his s. 10(b) Charter rights were breached when police failed to make reasonable efforts to contact his counsel of choice and compelled him to provide a breath sample without clearly advising him of time limits or options to find other private counsel.
The Superior Court of Justice allowed the appeal, finding that the police failed to adequately carry out their implementational duties under s. 10(b) by not checking the lawyer's website for an after-hours number and by not properly informing the appellant of his options.
The conviction was quashed and an acquittal entered.
