SECTION 10(B) - RIGHT TO COUNSEL SHOULD INCLUDE ALLOWING ACCUSED PEOPLE INTERNET ACCESS
Saturday, February 16, 2013 at 6:02PM An Alberta Provincial Court decision found that a 19 year old impaired driving suspect in Calgary should have been allowed to access the internet to search for the number of a criminal defence lawyer: The Court notes that police are routinely accessing the internet in order to investigate crime and to assist them in gathering evidence and data in the course and scope of their employment. It is now time for police to provide to accused persons access to the internet at the same time as they provide access to 411 and paper phone books. R. v. McKay, 2013 ABPC 13
The case concluded with the finding that Mr. McKay's right to counsel was breached. Further submissions were required about whether the breath sample results should be excluded due to the breach.