Then there is also Regina v. Levy (1973), 1973 CanLII 1338 (NS PC), 21 C.R.N.S. 292, 11 C.C.C. (2d) 521, in which an accused was deprived of the opportunity to consult privately with his lawyer. The accused was taken to the R.C.M.P. office awaiting the arrival of the breathalyzer technician when the lawyer came in and asked to be alone with the accused. Though he repeated his request three times the policeman refused to accord him such privacy. Finally, the lawyer walked away, saying to the accused [at p. 522]: “ ‘From here on, you’re on your own to do whatever you think is best.’ ” When requested to give a sample of his breath, the accused refused. In giving evidence the accused stated that his lawyer did not advise him as the lawyer was [at p. 523]: “ . . . unable to take any instructions with the police officers three or four feet from where I was sitting.” He added, in examination-in-chief: “You could not consult me privately. The three police officers under those circumstances would have automatically received any information between us.”
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