SECTION 10(B) - RIGHT TO COUNSEL - WHAT OFFICERS DO NOT HAVE TO DO
Saturday, February 28, 2015 at 3:36PM The Saskatchewan Court of Appeal has upheld a conviction where rights to counsel was the issue, as the trial judge found as fact that Mr. Thall agreed with the police officer’s testimony he was advised of his right to counsel. It was clear from this Mr. Thall knew he had the right to counsel and this included the right to legal aid. A portion of the summary conviction appeal (R. v. Thall, 2014 SKQB 234) stated:
In each situation, when asked if he understood, [Mr. Thall] said yes. The officer was entitled to take him at his word. Cst. Ferguson was obliged to comply with the law. He did that. The law does not require peace officers to be mind-readers, babysitters, or advocates for detained persons. The law does not require peace officers to:
Ask a detainee whether they were successful in contacting counsel after being afforded a reasonable opportunity to do so; suggest to a detainee what to do, or what not to do; suggest which lawyer to use or whether to use a private lawyer or legal aid; assume that a detainee cannot think or decide for himself or herself, or give some sort of abnormal interpretation to what a detainee says and does. R. v. Thall, 2015 SKCA 10