R. v. Richard (R.), (1994) 126 Sask.R. 73 (QB)

• Judge: Gunn, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: October 21, 1994
• Jurisdiction: Saskatchewan
• Citations: (1994), 126 Sask.R. 73 (QB)

R. v. Richard (R.) (1994), 126 Sask.R. 73 (QB)

MLB headnote and full text

Rene Richard (appellant) v. Her Majesty the Queen (respondent)

(Q.B. No. 59)

Indexed As: R. v. Richard (R.)

Saskatchewan Court of Queen's Bench

Judicial Centre of Melville

Gunn, J.

October 21, 1994.

Summary:

Richard was charged with driving a motor vehicle while having an excessive blood-alcohol content. The trial judge rejected his claim that his right to counsel had been infringed and that the breathalyzer results should be excluded. Richard was convicted. He appealed.

The Saskatchewan Court of Queen's Bench dismissed the appeal.

Civil Rights - Topic 4604

Right to counsel - Denial of or interfer­ence with - What constitutes - An RCMP officer stopped Richard, made a breatha-lyzer demand, and informed him of his right to counsel - At RCMP headquarters Richard called a legal aid lawyer from an interview room - Upon exiting the room Richard said "she doesn't know nothing" - He did not ask to call another lawyer and the police did not offer - Richard argued that his right to counsel had been infringed because once he had indicated his desire to consult with counsel and his dissatisfaction with legal aid counsel's advice, the police should have facilitated his contact with other counsel, even though he did not request it - The Saskatchewan Court of Queen's Bench rejected the argument.

Cases Noticed:

R. v. Brydges, [1990] 1 S.C.R. 190; 103 N.R. 282; 104 A.R. 124; 53 C.C.C.(3d) 330; 74 C.R.(3d) 129; [1990] 2 W.W.R. 220; 71 Alta. L.R.(2d) 145, refd to. [paras. 8, 9].

R. v. Matheson (R.N.) (1994), 172 N.R. 108; 123 Nfld. & P.E.I.R. 271; 382 A.P.R. 271 (S.C.C.), refd to. [para. 11].

Statutes Noticed:

Canadian Charter of Rights and Freedoms, 1982, sect. 10(b) [paras. 2, 11, 12]; sect. 24(2) [para. 2].

Counsel:

A.A. Fox, for the appellant;

G.W. Koturbash, for the respondent.

This appeal was heard before Gunn, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Melville, who delivered the following judgment on October 21, 1994.