After providing his first sample, the accused asked to speak to duty counsel again. He said that counsel told him that he only needed to provide one sample. Police did not allow him to call a second time.
A further opportunity to consult a lawyer may be "constitutionally required" in circumstances that "generally involve a material change in the detainee's situation after the initial consultation.
There are a number of changed circumstances that might warrant a second consultation with counsel. One example involves a situation in which the detainee may not have understood the initial advice of counsel leading to a duty on the police to provide him with a further opportunity to talk to a lawyer when requested.
However, it was not enough for the accused to assert that he was confused or needed help without an objective basis that additional legal consultation was necessary to help him make a meaningful choice about cooperating with the police. Put another way, this enhanced right ought not to permit sophisticated or assertive suspects to needlessly delay an investigation or render evidence lost or impossible to obtain.
In rejecting the accused's argument, the court placed some emphasis on the fact that he had been through the same process twice before. R. v. Ramnarain, 2011, ONCJ 595