R. v. Trask, (1977) 17 Nfld. & P.E.I.R. 436 (NFPC)

• Court: Newfoundland and Labrador Provincial Court (Canada)
• Case Date: August 02, 1977
• Jurisdiction: Newfoundland and Labrador
• Citations: (1977), 17 Nfld. & P.E.I.R. 436 (NFPC)

R. v. Trask (1977), 17 Nfld. & P.E.I.R. 436 (NFPC);

    46 A.P.R. 436

MLB headnote and full text

R. v. Trask

Indexed As: R. v. Trask

Newfoundland Provincial Court

District of St. John's

Luther, Mag.

August 2, 1977.

Summary:

This headnote contains no summary.

Civil Rights - Topic 4610

Right to counsel - Impaired driving - Demand for breath sample - Criminal Code of Canada, R.S.C. 1970, c. C-34, s. 235 - Canadian Bill of Rights, R.S.C. 1970, App. III, s. 2(c)(ii) - The accused was taken to the police station and given a demand to submit to a breathalyzer test - He was permitted to attempt to call a lawyer - The accused failed to reach one lawyer, then contacted another lawyer, who refused to advise him and gave him a number of another lawyer to call - However, the police officer refused the accused permission to make any more calls; although there were at least 45 minutes left in the 2 hour time limit for taking the test - The Newfoundland Provincial Court held that the accused was denied the right to counsel and acquitted the accused.

Cases Noticed:

R. v. Louttit, 21 C.C.C.(2d) 84 (Man. C.A.), dist. [para. 7].

R. v. MacDonald (1974), 10 N.S.R.(2d) 293; 2 A.P.R. 293, dist. [para. 8].

R. v. Drouin, 7 Nfld. & P.E.I.R. 107 (P.E.I.S.C.), dist. [para. 9].

R. v. Perusse, [1974] R.L. 341, dist. [para. 10].

R. v. Anderson, 19 C.C.C.(2d) 301 (Sask. C.A.), dist. [para. 11].

R. v. Desaulniers, [1976] R.L. 320, dist. [para. 11].

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 235 [para. 1].

Canadian Bill of Rights, R.S.C. 1970, App. III sect. 2(c)(ii).

Counsel:

M. Laurie, for the Defendant;

R. Morrison, for the Crown.

This case was heard on August 2, 1977, at St. John's, Newfoundland before LUTHER, Mag., of the Newfoundland Provincial Court, District of St. John's.

On August 2, 1977, LUTHER, Mag., orally delivered the following judgment: