Can a detainee refuse to contact legal aid after informing the attending police officer that he is unable to contact his own lawyer?

In R v. Niles (2000), 72 C.R.R. (2d) 307, 2000 SKQB 63, a detained motorist declined an offer to contact legal aid after informing the attending police officer that he was unable to contact his own lawyer. The detainee was then prompted to provide a breath sample, with which he complied. Referring to Bartle, Kovach J. held at para. 12 that an informed waiver of the detainee’s s. 10(b) rights required an explanation as to why he could no longer await counsel of his choice: If the appellant’s right to consult counsel of his choice, before providing samples of his breath, is to be limited by factors such as timing or his counsel’s immediate availability, he must be made aware of these limitations in order to make an informed decision respecting wavier. The appellant was not so advised in this case, and, accordingly, did not waive his right to consult counsel.