Cases

SCC Case Information

Summary

32769

Stanley James Willier v. Her Majesty the Queen

(Alberta) (Criminal) (By Leave)

Keywords

Canadian charter - criminal.

Summary

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch) for information purposes only.

Charter of Rights - Constitutional law - Right to counsel (s. 10(b)) - Reasonable opportunity to contact counsel of choice - Whether the Court of Appeal erred in applying the wrong test in reversing the trial judge’s decision that the Appellant had not been given a reasonable opportunity to contact his counsel of choice - Whether the Court of Appeal applied the wrong test in overturning the trial judge’s decision that there had been no waiver of the Appellant’s right to obtain advice from his counsel of choice - Whether the Court of Appeal erred in holding that the trial judge erred in excluding the Appellant’s statement pursuant to s. 24(2) of the Charter.

The accused was arrested around noon on a Saturday in connection with a murder. He was cautioned about five hours later. Around midnight, he was cautioned again. He called a legal aid lawyer with whom he had a three-minute conversation. Around 8 a.m. Sunday morning, the accused left a message with the lawyer of his choice, then once again called a legal aid lawyer with whom he talked for less than two minutes. He was later interviewed by a police investigator for approximately three hours. The interview was videotaped. At a voir dire, the accused’s statement to the police was held to be in violation of his Charter right to counsel and declared inadmissible. The accused was acquitted. The Court of Appeal allowed the Crown’s appeal and ordered a new trial.