An Alberta court ruled that police violated an individual's right "to retain and instruct counsel without delay and to be informed of that right" by not allowing the arrestee access to internet to find a lawyer.
Christopher McKay, who faced a driving while under the influence charge, told police that he wanted to exercise his right to legal counsel. McKay’s cellphone and other personal belongings were placed in a police locker when he arrived at the station. McKay was told there was a toll-free number available to contact a lawyer as well as White and Yellow pages that could be consulted. He called the toll-free number but was unable to find assistance.
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Judge Lamoureux of the Provincial Court of Alberta considered “whether Internet access should form part of police resources provided to detainees in order to facilitate a reasonable opportunity to exercise the constitutional right to counsel.” After acknowledging that many teenagers view their smartphone, iPad and other devices as essential parts of their daily lives, he noted that Google is the primary source of information for everything from maps to medical care to access to lawyers.
In fact, the judge conducted a Google search for “Calgary criminal defence lawyer” and found that within seconds there was provided a long list of potential local lawyers. Moreover, the judge noted that police routinely use the Internet for investigations and evidence gathering.
The Charter of Rights and Freedoms grants anyone arrested or detained the right “to retain and instruct counsel without delay and to be informed of that right.” For this judge, the failure to provide Internet access meant that the Charter rights had been violated, concluding:
“In the year 2013 it is the Court’s view that all police stations must be equipped with Internet access and detainees must have the same opportunities to access the Internet to find a lawyer as they do to access the telephone book to find a lawyer.”
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