R. v. Hunter

R. v. Hunter

Application dismissed: no s.10(b) breach because accused was advised of and spoke with duty counsel, never connected his request to call his mother with a need for legal advice, and police were not obliged to further probe absent an apparent nexus; therefore no Charter remedy under s.24(2).

Citation
2010 NSPC 62
Parties
Respondent: Her Majesty the Queen; Applicant/accused: Thomas Hunter
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
22 September 2010
Procedural Posture
Criminal; Aggravated Assault (s.268 Criminal Code); Charter Application (s.10(b), S.24(2)) / Pre Trial Charter Application/voir Dire
Outcome
Charter application dismissed; no breach of section 10(b) found
Legal Topics
Section 10(b) Right to Counsel, Section 24(2) Remedy, Arrest Procedure, Evidence Admissibility
Source Language
English
Criminal Law Constitutional Law Section 10(b) Right to Counsel Section 24(2) Remedy Arrest Procedure Evidence Admissibility

Case Brief

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Parties

Her Majesty the Queen

Respondent

Thomas Hunter

Applicant/accused

Procedural Posture

Criminal; Aggravated Assault (s.268 Criminal Code); Charter Application (s.10(b), S.24(2)) / Pre Trial Charter Application/voir Dire

Legal Issues

  1. 1 Whether the appellant's s.10(b) Charter right to counsel was breached by denial of opportunity to contact his mother for assistance in obtaining counsel
  2. 2 Whether police have a duty to assist an arrested person to contact a third party for the purpose of obtaining legal advice
  3. 3 Whether any statement given should be excluded under s.24(2)

Ratio Decidendi

Application dismissed: no s.10(b) breach because accused was advised of and spoke with duty counsel, never connected his request to call his mother with a need for legal advice, and police were not obliged to further probe absent an apparent nexus; therefore no Charter remedy under s.24(2).

Court Disposition

Charter application dismissed; no breach of section 10(b) found

Orders

  • Application dismissed