It was determined arresting officers acted with "reckless disregard" of Charter rights during an impaired driving arrest.
In a decision by Estevan provincial court Judge Karl Bazin on Monday, he ruled a member of the Estevan Police Service violated William Newton's rights to legal counsel and against self incrimination as given to him by the Canadian Charter of Rights and Freedoms.
Bazin gave his decision on a voir dire that previously came about during evidence given at a trial for Newton. The voir dire was to decide whether evidence collected by police after Newton expressed a desire to speak to legal counsel would be admitted in the proceedings.
Bazin outlined the events of the roadside stop and arrest, noting that when the accused was asked if he wished to speak to a lawyer, Newton said he wanted to speak to his family lawyer. The arresting officer called the lawyer, but it was late at night and received no answer. The officer did not leave a message with the lawyer and asked if Newton would like to speak to Legal Aid.
Bazin said Newton suggested they wouldn't likely reach anyone at Legal Aid and confirmed he wished only to speak to his own lawyer. There were no further efforts made by the officer or opportunities provided to Newton to contact a lawyer.
The judge said while impaired driving is a serious public concern, one he has noted in the past is of particular concern in the Estevan area, individuals accused of crimes also have the right to not incriminate themselves and have the right to counsel in order to make informed decisions and guide them through the legal process.
Bazin determined there was a clear Charter breach, and the remedy would be to omit evidence collected after the right to counsel was denied.
The matter was adjourned to Feb. 3 for any further submissions the Crown prosecutor or defence have to make.
