SECTION 10(B) - ACQUITTAL SET ASIDE AS POLICE PROPERLY COMPLIED WITH ACCUSED'S RIGHT TO CALL A LAWYER

When Mr. McLeod was brought back to the Saskatoon Police Service station for breath samples the investigating officer asked him if he had spoken to a lawyer, which he had not. Mr. McLeod said he wanted to speak to a lawyer but he did not have one.  The officer said he could contact a friend or family member to provide the name of a lawyer but also informed him that he could call Legal Aid, which is what Mr. McLeod did.  He was acquitted at trial as the Court concluded that Legal Aid was called so quickly as to take other options away. The Saskatchewan Court of Appeal allowed the Crown's appeal and ordered a new trial, stating that the police had not breached Mr. McLeod's section 10(b) rights. R. v. McLeod, 2013 SKCA 28