Recently a trial was heard at the Provincial Court of Prince Edward Island regarding the arrest of an individual for impaired driving.
The Defence argued before the Court that the accused did not fully understand his Charter Rights upon his arrest, more specifically, his right to contact legal counsel under Section 10(b) of the Canadian Charter of Rights and Freedoms. The accused, an international student and Francophone, spoke to the arresting officer in French; the arresting officer only spoke to the accused in English. The accused repeatedly advised the officer that he did not understand his Charter Rights upon arrest. Despite this interaction and the issues surrounding the accused’s comprehension of his Charter Rights, the arresting officer continued with the arrest and made no efforts to provide an interpreter. The defence further argued that the arresting officer did not have reasonable grounds to request that the road side screening device be administered. The trial was heard in French pursuant to Section 530 of the Criminal Code of Canada before Judge Arsenault of New Brunswick. In his decision dated October 19th, 2018, Judge Arsenault found that the accused did not fully understand his right to legal counsel upon arrest and as such any evidence taken thereafter was not admissible. The accused was found not guilty of the charges contrary to Section 253 of the Criminal Code of Canada. For more information on this case see the link below.
If you have been arrested and are seeking legal counsel to review your case and ensure that your Charter rights have been upheld, please contact any of the lawyers who practice Criminal Law with Key Murray Law.
Legal information appearing in this article and elsewhere on Key Murray Law’s website is intended for informational purposes only and is not intended to substitute for or replace any legal or other professional advice. If you have specific concerns or a situation in which you require legal advice, you should consult directly with one of our lawyers.