R. v. Bell, 2009 ONCA 321

CITATION: R. v. Bell, 2009 ONCA 321

DATE: 20090417

DOCKET: C48608

COURT OF APPEAL FOR ONTARIO

Rosenberg, Simmons and Lang JJ.A.

BETWEEN:

Her Majesty the Queen

Respondent

and

Daniel Bell

Appellant

Counsel:

Vincenzo Rondinelli for the appellant

Robert Gattrell for the respondent

Heard and endorsed: April 16, 2009

On appeal from the Summary Conviction by Justice Kenneth F. Ross of the Superior Court of Justice dated March 10, 2008

APPEAL BOOK ENDORSEMENT

[1] While leave to appeal is granted, the appeal is dismissed.

[2] This case is governed by R. v. Bernshaw (1995), 1995 CanLII 150 (SCC), 95 C.C.C. (3d) 193 and R. v. George (2004), 187 C.C.C. (3d) at 289 (Ont. C.A.) at para. 46. To be clear, when there is a 15 minute delay for the purpose of obtaining a proper breath sample, the demand is valid and the delay is a justified limitation on the right to counsel under s. 10(b). The fact that the detainee or the officer had cell phones is therefore irrelevant.