R. v. Therens
Encyclopedia
R. v. Therens [1985] 1 S.C.R. 613 is an early Supreme Court of Canada
decision on an accused's right to retain and instruct counsel without delay under section 10(b)
of the Canadian Charter of Rights and Freedoms
. The Court held that section 235(1) of the Criminal Code of Canada
, which allowed a police officer to demand a breathalyzer
test, violated the accused's right to retain counsel.
At trial, Therens tried to have the evidence of the breathalyzer excluded under section 24
of the Charter on the basis that he was denied his right to be informed, upon arrest or detention, of his right to retain and instruct counsel without delay.
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
decision on an accused's right to retain and instruct counsel without delay under section 10(b)
Section Ten of the Canadian Charter of Rights and Freedoms
Section Ten of the Canadian Charter of Rights and Freedoms specifies rights upon arrest or detention, including the rights to consult a lawyer and the right to habeas corpus. As a part of a broader range of legal rights guaranteed by the Charter, section 10 rights may be limited by the Oakes test...
of the Canadian Charter of Rights and Freedoms
Canadian Charter of Rights and Freedoms
The Canadian Charter of Rights and Freedoms is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982...
. The Court held that section 235(1) of the Criminal Code of Canada
Criminal Code of Canada
The Criminal Code or Code criminel is a law that codifies most criminal offences and procedures in Canada. Its official long title is "An Act respecting the criminal law"...
, which allowed a police officer to demand a breathalyzer
Breathalyzer
A breathalyzer or breathalyser is a device for estimating blood alcohol content from a breath sample...
test, violated the accused's right to retain counsel.
Background
Therens had been driving drunk and collided with a tree. At the scene of the accident a police officer demanded that Therens take a breathalyzer test. His blood alcohol level was above the limit and so he was charged with drunk driving.At trial, Therens tried to have the evidence of the breathalyzer excluded under section 24
Section Twenty-four of the Canadian Charter of Rights and Freedoms
Section Twenty-four of the Canadian Charter of Rights and Freedoms provides for remedies available to those whose Charter rights are shown to be violated...
of the Charter on the basis that he was denied his right to be informed, upon arrest or detention, of his right to retain and instruct counsel without delay.