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Reviews of Investigating Impaired Drivers
« REFUSAL - EVIDENCE TOO IMPRECISE TO CONVICT | Main | SECTION 9 - DENTENTION AFTER AN ASD REFUSAL RESULTS IN A STAY »
Saturday
Nov052011

SECTION 10(B) - IF SUPSECT WANTS TO CALL A THIRD PARTY HE MUST TELL POLICE WHY

Police refuse to allow the accused to call his brother-in-law. The accused does not tell them why he wants to call and police tell him that he is only allowed to call a lawyer. Accused wanted to call to get the number for a a particular lawyer.

If a detainee wants to call a third party to get the name and/or number of counsel, police must allow the call. However,  the detainee must tell the police that is the reason for the call. There is no obligation on the police to ask unless there something that suggests that is the reason. R. v. Singh, 2011 ONCJ 435