Does a peace officer have the authority to compel a person to provide a sample before any reasonable opportunity to consult counsel?
Ontario, Canada
The following excerpt is from R. v. Vinoharan, 2007 ONCJ 586 (CanLII):
[26] The court cites Arbour J.’s comments in R v. Latour, supra at p. 288: If, as the events actually unfold, the peace officer is in a position to require the person to provide the sample before there is any realistic opportunity to consult counsel, the statutory requirements are met. The detained person has no cause for complaint as the events will have unfolded in accordance with the legislative scheme and within the constitutional boundaries. I see no sound policy reason for requiring that the statutory requirements be met by design rather than by chance. Compliance is compliance whether fortuitous or otherwise.
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