Is it improper for a police officer to delay making a call to legal counsel while the accused is being questioned at a police station?

British Columbia, Canada


The following excerpt is from R. v. Tran, 2001 BCPC 263 (CanLII):

In my view, it was not necessary for the officers to wait until their return to the detachment to afford the accused an opportunity to contact legal counsel. There was a cellular telephone in the accused's vehicle and there were no circumstances justifying a delay in satisfying the accused's rights under Section 10(b) of the Charter. The officers were in control and the accused could have been placed in the rear of the police vehicle to make the call: see, Regina v. Strachan, supra at p. 494. Further, it was improper for the officer to continue questioning the accused with respect to matters related to the charge under investigation knowing the accused wished to contact legal counsel and without first providing him with an opportunity to do so. Thus it follows that the officers violated the accused's rights under Section 10(b) of the Charter.

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