An officer conducted a traffic stop of Mr. Patrick’s vehicle at 4:20 am. The investigation lead to a concealed shotgun being seized from Mr. Patrick. He was acquitted at trial, with one of the issues being that the court concluded that his section 10(b) right to counsel was breached because he was not allowed to call counsel from the roadside and instead called 40 minutes later from the detachment. On appeal, the Court allowed the Crown’s appeal and directed a new trial on the charges regarding the shotgun:
With respect, the trial judge was obliged in this case to consider whether the Crown discharged its burden of demonstrating that the delay was reasonable. She was obliged to meaningfully assess the officer’s stated reasons for delaying facilitation of the right: the respondent had just been arrested for carrying a loaded concealed weapon and, for safety reasons, needed to remain handcuffed until he was thoroughly searched at the detachment; the respondent might use the opportunity of a telephone call to contact other people in the context of what was clearly an ongoing investigation; and the practicalities of the situation were such that the respondent could not be afforded privacy during the call. R. v. Patrick, 2017 BCCA 57