Is there any case law where a court officer is asked whether or not a detainee has an opportunity to contact counsel before making a demand?
Ontario, Canada
The following excerpt is from R. v. Soule, 2017 ONCJ 379 (CanLII):
It seems clear to me that George speaks of the officer’s subjective belief at the time the officer asked the question, “Should I be giving this detainee an opportunity to contact counsel?”. It is clear to me from reading Regina v. Latour, it is not incumbent on the officer to ask the question, “Should I be giving the detainee an opportunity to provide the right to counsel prior to the making of the demand and insisting upon compliance of the demand?”. It is not incumbent upon the officer to ask whether or not meaningful contact with counsel can take place before the facilitation of the approved screening device test.
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