Court of Appeal for Ontario
Before: Feldman, Gillese and Huscroft JJ.A.
Between
Her Majesty the Queen
Applicant/Appellant
and
Matthew Vernon
Respondent
Counsel:
Michael Fawcett, for the appellant
Adam Little, for the respondent
Heard: March 11, 2016
Leave to appeal sought from the decision of the Summary Conviction Appeal Court dated August 6, 2015 by Justice M. Gregory Ellies of the Superior Court of Justice, affirming the acquittal entered on October 8, 2014 by Justice Alain H. Perron of the Ontario Court of Justice.
APPEAL BOOK ENDORSEMENT
1The Crown asks this court to grant leave on the basis that it raises important questions about a detainee’s obligation of diligence in a s. 10(b) Charter application.
2In our view, this case does not raise those questions. On the findings of the trial judge – ratified by the summary conviction appeal judge – the police officer failed to satisfy his obligations to afford Mr. Vernon (the detainee) not only a reasonable opportunity to contact counsel of his choice but also to facilitate that contact: see Traicheff, 2010 ONCA 851, at paras. 2-3.
3In light of those failings, it is unsurprising that the trial judge accepted Mr. Vernon’s evidence that he felt he had no choice but to speak with duty counsel.
4Accordingly, this matter does not meet the R.R. test and leave is denied.
