Executing a Search Warrant & Implementing the Arrested Person’s Right to Consult with Counsel in Private
The opportunity to consult counsel in private is a vital component of the s.10(b) right. R. v. Playford (1987), 63 O.R. (2d) 289 (Ont. C.A.) at para 31; R. v. McKane (1987), 35 C.C.C. (3d) 481 (Ont. C.A.) at p. 134. Once an accused has requested that he be permitted to consult counsel, that carries with it, to the knowledge of the police, a right to have the consultation in private, so far as circumstances permit. R. v. Doherty (1974), 1974 CanLII 1531 (NS CA). In R. v. Pileggi , 2021 ONCA 4 , the accused was arrested at his home during the execution of a search warrant. The accused’s right to consult counsel in private would have been compromised had the police attempted to facilitate contact at the house while a search of the house was underway. In such circumstances it was not a breach of s. 10(b) of the Charter for the police to transport the accused to the police station before implementing his contact with counsel. R. v. Pileggi , 2021 ONCA 4 at paras 75-7