It was thus at 7:10 PM that [the police constable] endeavored to inform [the defendant] about his right to counsel pursuant to section 10 of the Charter. As well, at 7:11 PM, 7:12 PM, 7:13 PM, and 7:20 PM [the police constable] tried to inform [the defendant] of the standard police caution, the secondary caution, the 524 warning, and the breath demand respectively.
None of the information outlined above was received in any meaningful way by the detainee. Sometime after being put in the back of [the police constable’s] cruiser, and at least from 7:10 PM onward, [the defendant] was passed out, unconscious. The officer made various attempts to rouse him by shouting and banging on the cruiser's partition but to no avail. In the result, therefore, [the police constable] engaged in a rather absurd exercise of reading rights to a man who was out like a light, not because he thought it would be of any use but because he thought it was his duty to do so.
R. v. Martin |
2014 CarswellOnt 6627 |
Ontario Court of Justice