IMPAIRED – 10(B) – REASONABLE OPPORTUNITY

R. v. Padar, 2014 ABQB 245 per Anderson, J:

Appeal from conviction under 253(1)(b) CC. Right to counsel issue. Accused testified that he told the investigating officer that he had left a message for his lawyer. However, this evidence was not accepted. In the end, the evidence was that the accused was left alone in the phone room for 10 minutes.

Held: Appeal dismissed.

In Wolbeck, 2010 ABCA 65, “the Alberta Court of Appeal held that the detainee was placed in a room with a telephone, a telephone book, information about Legal Aid, and given an opportunity to consult in private, that prima facie discharged the implementational duty.” The onus then shifts to the accused to prove a breach, and the onus is not met where the accused’s evidence about what he told the police is not accepted.