SECTION 10(B) - RIGHT TO COUNSEL AND INTERNET ACCESS
Sunday, January 4, 2015 at 8:11PM An appeal court has reviewed an earlier decision summarized in our February 16, 2013 blog:
While drinking and driving continues to be a problem in our society, ensuring that those accused of impaired driving offences have a reasonable opportunity to retain and instruct counsel before submitting to a breathalyser test is also an important objective in our justice system. At Mr. McKay's trial, the Trial Judge found that it was time for the police to provide detainees with access to the Internet, concurrent with other more traditional resources, in order to facilitate contact with counsel. As Mr. McKay was not given such access, the Trial Judge found that the Crown failed to establish that Mr. McKay was provided with a reasonable opportunity to contact counsel. [The appeal court] essentially agree[d] with the sentiments expressed by the Trial Judge that it is time for the police to modify their procedures; however, the facts of this case did not in [the appeal court's] view justify the Court expanding the duties of the police in the manner chosen by the Trial Judge. R. v. McKay, 2014 ABQB 70