SUPREME COURT OF CANADA - NO APPEAL FOR RIGHT TO COUNSEL AT ROADSIDE CASE

The Supreme Court of Canada has dismissed Mr. Caswell's application for leave to appeal: Caswell v. R., 2017 CANLII 18650 (SCC). A majority of the Alberta Court of Appeal had re-affirmed that the preliminary investigative role played by the screening sample provisions is such that the detained person is not entitled to retain and instruct counsel before either complying with or refusing the demand (see 2016 ABCA 305, November 12, 2016 blog entry). As far as any changes to that principle, they stated "that door is closed until the Supreme Court says otherwise."