R. v. Therens

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R. v. Therens [1985] 1 S.C.R. 613 is an early Supreme Court of Canada decision on an accused's right to retain and instruct counsel without delay under section 10(b) of the Canadian Charter of Rights and Freedoms. The Court held that section 235(1) of the Criminal Code of Canada, which allowed a police officer to demand a breathalyzer test, violated the accused's right to retain counsel.

[edit] Background

Therens had been driving drunk and collided with a tree. At the scene of the accident a police officer demanded that Therens take a breathalyzer test. His blood alcohol level was above the limit and so he was charged with drunk driving.

At trial, Therens tried to have the evidence of the breathalyzer excluded under section 24 of the Charter on the basis that he was denied his right to be informed, upon arrest or detention, of his right to retain and instruct counsel without delay.