R. v. Larson (B.), (2015) 472 Sask.R. 139 (CA)

JudgeJackson, Ottenbreit and Ryan-Froslie, JJ.A.
CourtCourt of Appeal (Saskatchewan)
Case DateOctober 23, 2015
JurisdictionSaskatchewan
Citations(2015), 472 Sask.R. 139 (CA);2015 SKCA 143

R. v. Larson (B.) (2015), 472 Sask.R. 139 (CA);

    658 W.A.C. 139

MLB headnote and full text

Temp. Cite: [2015] Sask.R. TBEd. DE.074

Brad Larson (appellant) v. Her Majesty the Queen (respondent)

(CACR2565; 2015 SKCA 143)

Indexed As: R. v. Larson (B.)

Saskatchewan Court of Appeal

Jackson, Ottenbreit and Ryan-Froslie, JJ.A.

December 21, 2015.

Summary:

The accused was charged with driving while having a blood-alcohol level exceeding the legal limit. He asserted a violation of his right to counsel under s. 10(b) of the Charter.

The Saskatchewan Provincial Court, in a decision not reported in this series of reports, rejected the accused's Charter argument and found him guilty. The accused appealed.

The Saskatchewan Court of Queen's Bench, in a decision reported at (2014), 464 Sask.R. 154, dismissed the appeal. The accused appealed.

The Saskatchewan Court of Appeal dismissed the appeal.

Civil Rights - Topic 4604

Right to counsel - General - Denial of or interference with - What constitutes - Following his arrest for impaired driving and before providing breath samples, Larson was advised of his right to counsel - He said he wanted to call a lawyer named Riou - The arresting officer called Riou at 3:58 a.m. and left a message on his voicemail service - Larson wanted to wait for a response - The officer called Riou again at 4:21 a.m. but there was no answer - The officer told Larson he could call another lawyer, including Legal Aid - There was a phone book in front of Larson - He said he wanted to call Legal Aid - The officer made several attempts to reach Legal Aid but was unsuccessful - He called Riou again at 4:33 a.m. but was unsuccessful - The officer successfully reached Legal Aid at 4:35 a.m. - Larson spoke to Legal Aid for seven or eight minutes - The breath technician asked Larson if he was satisfied with his call to counsel and advised that he could still call another lawyer before providing breath samples - Larson said he was satisfied and chose not to contact counsel any further - He was convicted of driving while having a blood-alcohol level exceeding the legal limit - Larson appealed, arguing that his s. 10(b) Charter rights were violated because the police made no efforts to determine Riou's home phone number - The Saskatchewan Court of Appeal dismissed the appeal - The police could not be faulted for not taking an initiative regarding the exercise of Larson's right to counsel that Larson himself did not take or that they were not asked to take by Larson - To place an obligation on the police to independently suggest such initiatives would be to encourage them to take over the contact process - The police acted diligently and fulfilled their implementational duty.

Civil Rights - Topic 4609.1

Right to counsel - General - Duty of police investigators - [See Civil Rights - Topic 4604 ].

Civil Rights - Topic 4610

Right to counsel - General - Impaired driving (incl. demand for breath or blood sample) - [See Civil Rights - Topic 4604 ].

Cases Noticed:

R. v. O'Connor (J.C.M.) (2013), 428 Sask.R. 11; 2013 SKQB 292, revd. (2015), 451 Sask.R. 240; 628 W.A.C. 240; 2015 SKCA 9, refd to. [para. 12].

R. v. McCrimmon (D.R.), [2010] 2 S.C.R. 402; 406 N.R. 152; 293 B.C.A.C. 144; 496 W.A.C. 144; 2010 SCC 36, refd to. [para. 15].

R. v. Willier (S.J.), [2010] 2 S.C.R. 429; 406 N.R. 218; 490 A.R. 1; 497 W.A.C. 1; 2010 SCC 37, refd to. [para. 17].

R. v. Restau (E.J.) (2008), 314 Sask.R. 224; 435 W.A.C. 224; 2008 SKCA 147, refd to. [para. 20].

Counsel:

Michael W. Owens, for the appellant;

Beverly L. Klatt, for the respondent.

This appeal was heard on October 23, 2015, before Jackson, Ottenbreit and Ryan-Froslie, JJ.A., of the Saskatchewan Court of Appeal. Ottenbreit, J.A., delivered the following judgment for the court on December 21, 2015.

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8 practice notes
  • Table of cases
    • Canada
    • Irwin Books Criminal Procedure. Fourth Edition
    • June 23, 2020
    ...66 ......... 507 R v Larsen, 2013 NWTSC 31 .............................................................................. 514 R v Larson, 2015 SKCA 143, 472 Sask R 139, 333 CCC (3d) 301 ......................340 R v Last, 2009 SCC 45 ...............................................................
  • Arrest
    • Canada
    • Irwin Books Criminal Procedure. Fourth Edition
    • June 23, 2020
    ...on the part of the police to wait for the accused’s counsel of choice is a very fact-dependent question: see, for example, R v Larson , 2015 SKCA 143; R v Rowson , 2015 ABCA 354; or Stevens c R , 2016 QCCA 1707. 140 Willier , ibid ; R v McCrimmon , 2010 SCC 36 [ McCrimmon ]. 141 In the cont......
  • Digest: R v Ector, 2018 SKCA 46
    • Canada
    • Saskatchewan Law Society Case Digests
    • June 18, 2018
    ...MVR (4th) 234 R v Landolt, 2007 SKPC 32, 295 Sask R 99 R v LaPlante (1987), 48 DLR (4th) 615, 59 Sask R 251, 40 CCC (3d) 63 R v Larson, 2015 SKCA 143, 472 Sask R 139 R v Manninen, [1987] 1 SCR 1233, 34 CCC (3d) 385, 41 DLR (4th) 301, 76 NR 198, 21 OAC 192 R v Menard, 2010 BCSC 1416, 11 BCLR......
  • R v Ector, 2018 SKCA 46
    • Canada
    • Court of Appeal (Saskatchewan)
    • June 12, 2018
    ...a lawyer of choice. [51] This issue was considered by this Court in R v Restau, 2008 SKCA 147, 314 Sask R 224 [Restau], and R v Larson, 2015 SKCA 143, 333 CCC (3d) 301 [Larson]. Restau confirmed that a detainee does not have a constitutional right to a telephone and that the police do not b......
  • Request a trial to view additional results
5 cases
  • R v Ector, 2018 SKCA 46
    • Canada
    • Court of Appeal (Saskatchewan)
    • June 12, 2018
    ...a lawyer of choice. [51] This issue was considered by this Court in R v Restau, 2008 SKCA 147, 314 Sask R 224 [Restau], and R v Larson, 2015 SKCA 143, 333 CCC (3d) 301 [Larson]. Restau confirmed that a detainee does not have a constitutional right to a telephone and that the police do not b......
  • R v. Peterson,
    • Canada
    • Court of Queen's Bench of Saskatchewan (Canada)
    • July 25, 2022
    ...because he did not consider the impact of the police conduct on Mr. Peterson. The trial judge should not have relied upon R v Larson, 2015 SKCA 143, 333 CCC (3d) 301 [Larson] because although the facts are similar, Mr. Larson had access to his cell phone and police confirmed each step wit......
  • R. v. Chmelnyk (R.M.), 2015 CRM 149
    • Canada
    • Court of Queen's Bench of Saskatchewan (Canada)
    • June 28, 2016
    ...Mr. Chmelnyk made the request of him to contact his mother he would have done so. [115] The Saskatchewan Court of Appeal in R v Larson , 2015 SKCA 143, 333 CCC (3d) 301 [ Larson ], canvassed the requirements of police authorities in dealing with an accused and that accused's s. 10 Charter r......
  • R. v. Peterson,
    • Canada
    • Provincial Court of Saskatchewan (Canada)
    • September 23, 2021
    ...and he again stated that he would not consult with other counsel but would consult only with his family lawyer.  In R v Larson, 2015 SKCA 143, 472 Sask R 139 the Court of Appeal dealt with a very similar fact situation.  The Court concluded that the trial judge was correct in dete......
  • Request a trial to view additional results
5 books & journal articles
  • Table of cases
    • Canada
    • Irwin Books Criminal Procedure. Fourth Edition
    • June 23, 2020
    ...66 ......... 507 R v Larsen, 2013 NWTSC 31 .............................................................................. 514 R v Larson, 2015 SKCA 143, 472 Sask R 139, 333 CCC (3d) 301 ......................340 R v Last, 2009 SCC 45 ...............................................................
  • Arrest
    • Canada
    • Irwin Books Criminal Procedure. Fourth Edition
    • June 23, 2020
    ...on the part of the police to wait for the accused’s counsel of choice is a very fact-dependent question: see, for example, R v Larson , 2015 SKCA 143; R v Rowson , 2015 ABCA 354; or Stevens c R , 2016 QCCA 1707. 140 Willier , ibid ; R v McCrimmon , 2010 SCC 36 [ McCrimmon ]. 141 In the cont......
  • Section 10 of the Charter
    • Canada
    • Emond Casebooks Criminal Procedure: Cases and Materials
    • May 8, 2020
    ...McCrimmon, 2010 SCC 36 at para 18; R v Prosper, [1994] 3 SCR 236 at 281-82; R v Richfield (2003), 178 CCC (3d) 23 (Ont CA) ; R v Larson, 2015 SKCA 143 at para 19; R v Van Binnendyk, 2007 ONCA 537 ; R v Naugler (1986), 27 CCC (3d) 257 (NSCA). The Charter guarantees a detainee the right to co......
  • Table of Cases
    • Canada
    • Emond Casebooks Criminal Procedure: Cases and Materials
    • May 8, 2020
    ...48 Larche, R v, [2006] 2 SCR 762 ............................................................... 454 Larson, R v, 2015 SKCA 143 ................................................................. 204 Last, R v, 2009 SCC 45 ............................................................................
  • Request a trial to view additional results

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