What is the test for informing a defendant of their right to counsel under section 7 of the Charter?

Ontario, Canada


The following excerpt is from R. v. Soule, 2017 ONCJ 379 (CanLII):

In that case at paragraph 29 the appeal court noted: “In this particular case, there was no obligation to inform the accused of his rights to counsel in relation to the demand made for a breath sample for the purposes of the roadside screening device. At the same time once the officer had informed the accused of that right there was implicit in those words once used that the officer would provide him with a reasonable opportunity to permit him to contact counsel. In my view that part of the decision appealed from that relates to the reliance on principles set out in Regina v. MacDonald and section 7 of the Charter are not necessary to decide this case. I do not propose to now comment on them. In my view once the accused was informed of his right to counsel there was implicit in those words that the accused would be given the opportunity to consult counsel. This was not done. In my view the trial judge came to the correct conclusion.”

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