Talk:R. v. Therens

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[edit] This brief is flat out wrong

Check the SCC decision on the website... it did violate his right to retain counsel.

Per Dickson C.J. and McIntyre, Lamer and Le Dain JJ.: Respondent's rights under s. 10(b) of the Charter were violated. A person who complied with a demand, pursuant to s. 235(1) of the Criminal Code, to accompany a police officer to a police station and to submit to a breathalyser test is "detained" within the meaning of s. 10 of the Charter and that person is therefore entitled to be informed of his right to retain and instruct counsel without delay.

This really screwed me up studying for Constitutional Law! I modified the wiki entry.