R. v. Pearch (T.G.), (1992) 117 N.S.R.(2d) 417 (ProvCt)

• Judge: Gibson, P.C.J.
• Court: Provincial Court of Nova Scotia (Canada)
• Case Date: November 10, 1992
• Jurisdiction: Nova Scotia
• Citations: (1992), 117 N.S.R.(2d) 417 (ProvCt)

R. v. Pearch (T.G.) (1992), 117 N.S.R.(2d) 417 (ProvCt);

  324 A.P.R. 417

MLB headnote and full text

Her Majesty The Queen v. Terry Gordon Pearch

(331240)

Indexed As: R. v. Pearch (T.G.)

Nova Scotia Provincial Court

Gibson, P.C.J.

November 10, 1992.

Summar y:

The accused was charged with failing to comply with a demand to provide breath samples. The accused argued that his s. 10(b) Charter rights were infringed because the arresting officer failed to inform him of his right to obtain free and immediate legal advice.

The Nova Scotia Provincial Court con­victed the accused.

Civil Rights - Topic 4604

Right to counsel - Denial of, or interfer­ence with - What constitutes - The accused was charged with failing to com­ply with a demand to provide breath samples - The accused argued that his s. 10(b) Charter rights were infringed because the arresting officer failed to inform him of his right to obtain free and immediate legal advice - The Nova Scotia Provincial Court convicted the accused - The court held that in the absence of evi­dence to show the existence of a duty counsel system which would provide im­mediate and free legal advice to a detainee, the accused did not have such a right and there was no duty upon the arresting officer to inform the accused of the right to immediate and free legal advice.

Civil Rights - Topic 4609

Right to counsel - Duty of judge or au- thority to notify accused or explain right to counsel - [See Civil Rights - Topic 4604 ].

Civil Rights - Topic 4610

Right to counsel - Impaired driving - Demand for breath or blood sample - [See Civil Rights - Topic 4604 ].

Cases Noticed:

R. v. Brydges, [1990] 1 S.C.R. 190; 103 N.R. 282; 104 A.R. 124; 74 C.R.(3d) 129; 53 C.C.C.(3d) 330; [1990] 2 W.W.R. 220; 71 Alta. L.R.(2d) 145, consd. [paras. 4-10, 15].

R. v. Cobham (1992), 124 A.R. 136; 11 C.R.(4th) 122 (Q.B.), consd. [paras. 4, 10, 11, 12].

R. v. Prosper (1992), 113 N.S.R.(2d) 156; 309 A.P.R. 156 (C.A.), refd to. [para. 13].

Statutes Noticed:

Canadian Charter of Rights and Free­doms, 1982, sect. 10(b) [paras. 2, 3, 5, 2, 15].

Criminal Code, R.S.C. 1985, c. C-46, sect. 254(3) [para. 16]; sect. 254(5) [paras. 1, 16].

Counsel:

S. Cleary, for the Crown;

R. Burrill, for the defendant.

This matter was heard at Halifax, Nova Scotia, on September 9 and 11, 1992, before Gibson, P.C.J., of the Nova Scotia Provincial Court, who delivered the following decision on November 10, 1992.