The appellant was convicted of dangerous driving causing bodily harm and assault with a weapon following a road rage incident.
On appeal, he argued his s. 10(b) Charter rights were breached when police failed to provide a second opportunity to consult counsel after informing him of the additional assault charge.
The Court of Appeal agreed, finding the new charge significantly increased his jeopardy and moral blameworthiness.
Applying the Grant framework, the court excluded the appellant's police statement under s. 24(2), allowed the appeal, and ordered a new trial.
