SECTIONS 10(B) AND 24(2) - CONVICTION REINSTATED FOR "RELATIVELY MINOR" RIGHT TO COUNSEL BREACH

Similar to the "fresh start" decision in R. v. Manchulenko (see September 15, 2013 blog entry), the Ontario Court of Appeal concluded that breath sample evidence ought to have been admitted in a case where a breach of the informational component of s. 10(b) was relatively minor, especially in light of the subsequent contact of Mr. Belanger with duty counsel facilitated by the arresting officer. R. v. Belanger, 2013 ONCA 349