Does a constable who conducted a series of sobriety tests in the parking lot of the North Burnaby Inn, ask the accused if he wants to speak to legal counsel at the police station?

The accused also argues he was not properly advised of his right to contact legal counsel. The accused maintains he did not understand what was being communicated to him because the constable did not adequately explain his rights. Further, the accused says he was not given a proper opportunity to contact legal counsel. The parking lot of the North Burnaby Inn was admittedly not a private place. While the officer again asked the accused if he wished to speak with legal counsel at the police station, the offer was only made after the sobriety tests. In support of his argument the accused cites Bartle v. The Queen, (1994) 1994 CanLII 64 (SCC), 92 C.C.C. (3d) 289 (S.C.C.)