Melvyn Green

The appellants were arrested in the middle of the night for break and enter and advised of their right to counsel.

After unsuccessfully attempting to reach their lawyers by phone, they were placed in a police line-up where they were identified by witnesses.

The Supreme Court of Canada held that the police violated the appellants' rights under s. 10(b) of the Charter by failing to provide a reasonable opportunity to retain counsel and by failing to refrain from eliciting evidence before they had done so.

The Court concluded that the line-up evidence was obtained in a manner that infringed the Charter and its admission would bring the administration of justice into disrepute, rendering it inadmissible under s. 24(2).

The appellants appealed their convictions, raising issues regarding court election under s. 429.1 of the Criminal Code and the admission of similar fact evidence.

The Supreme Court of Canada held that where an accused consents to be tried by a judge who is not a judge of the superior court of criminal jurisdiction, the Attorney General may choose trial before either a county/district court judge and jury or a supreme court judge and jury.

The Court also found no error in the trial judge's admission of similar fact evidence or the jury charge.

The appeal was dismissed.