Right to counsel in impaired driving cases

Today’s decision in R. v. Devries, 2009 ONCA 477 is a clear holding regarding the right to counsel in impaired driving cases.  The Court held:

 

 

[1]               This appeal concerns the informational component of the right to counsel as described in s. 10(b) of the Charter.  The parties have framed the issue in this way:

 

Is a police officer who arrests an individual at the roadside on an impaired driving charge required, when advising that person of the right to counsel, to tell the detainee that should he or she choose to consult counsel, that consultation will occur at the police station and not at the roadside?

 

[2]               … I would hold that compliance with s. 10(b) does not necessarily require the officer to inform the detainee that should he or she choose to contact counsel, that contact will occur when the detainee is taken to the police station.