RIGHTS TO COUNSEL VIOLATED BY BORDER OFFICERS

R. v. Williams (2015) OJ No. 6301 (SCJ)

Mr. Williams was arrested for Importing when 1kg of cocaine was found in his suitcase at the Toronto airport. At trial, Ms. Page persuaded the Judge that her client’s right to counsel had been violated since there was a 58-minute delay before he was allowed to speak with duty counsel, and he was not told he had the right to speak with counsel of his own choice.

The Judge agreed that the breach of Mr. Williams’ Charter rights was serious. Accordingly, the Crown was not permitted to use the client’s statement as evidence at the trial.  The jury found Mr. Williams not guilty of importing cocaine.

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Alana PageJUDGMENT