Court of Appeal for Ontario

Citation: R. v. Vernon, 2016 ONCA 211

Date: 20160314

Docket: C60937

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

[1] The 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.

[2] In 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.

[3] In 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.

[4] Accordingly, this matter does not meet the R.R. test and leave is denied.