COURT OF APPEAL FOR ONTARIO

DATE: 2006-03-20

DOCKET: C44464

RE: JENNIFER ZOGHAIB (Appellant) v. HER MAJESTY THE QUEEN (Respondent)

BEFORE: DOHERTY, MOLDAVER and LAFORME JJ.A.

COUNSEL: Don Clarke for the appellant Shawn Porter for the respondent

HEARD & ENDORSED: March 17, 2006

On appeal from the decision of Justice Fragomeni of the Superior Court of Justice dated October 21, 2005, setting aside the acquittal entered by Justice F. Forsyth of the Ontario Court of Justice dated November 17, 2004.

A P P E A L B O O K E N D O R S E M E N T

[1] We are in substantial agreement with the analysis of the Summary Conviction Appeal Court. The appellant was fully advised of her right to counsel at the roadside and understood those rights. On the finding of fact made by the trial judge, any subsequent misapprehension by the appellant of her right to contact her own lawyer as opposed to duty counsel was a product of her own thought processes, none of which were conveyed to or known by the officer. The Summary Conviction Appeal Court correctly held that as a matter of law the appellant’s unexpressed desire to speak to her own lawyer could not result in a breach of s. 10(b) of the Charter.

[2] The appeal is dismissed.