R. v. Slauenwhite (1989), 92 N.S.R.(2d) 172 (CoCt);

    237 A.P.R. 172

MLB headnote and full text

David Michael Slauenwhite (appellant) v. Her Majesty The Queen (respondent)

(C.LP. 3147)

Indexed As: R. v. Slauenwhite

Nova Scotia County Court

District Number Two

Freeman, C.C.J.

July 27, 1989.


The accused was convicted of refusing to comply with a breathalyzer demand and was fined $1,000.00. The accused appealed against sentence and conviction, submitting his s. 10(b) Charter right to counsel was denied.

The Nova Scotia County Court dismissed the appeal.

Civil Rights – Topic 4608

Right to counsel – Right to be advised of – An accused motorist given a breathalyzer demand was advised that he had the right to “seek and obtain counsel without delay” and “the right to call a lawyer, a friend or any adult for advice” as soon as they arrived at the detachment – The accused was offered use of a phone, but refused – The Nova Scotia County Court held that the accused’s right to counsel under s. 10(b) of the Charter of Rights and Freedoms was not denied – The police failed to use the language of s. 10(b) (e.g., retain and instruct counsel), but the accused was clearly advised of his rights.

Cases Noticed:

R. v. Boudreau (1987), 78 N.S.R.(2d) 252; 193 A.P.R. 252; 2 W.C.B.(2d) 60 (Co.Ct.), refd to. [para. 19].

R. v. Tanguay (1984), 27 M.V.R. 1 (Ont. Co. Ct.), refd to. [para. 21].

R. v. McAvena (1987), 55 Sask.R. 161; 34 C.C.C.(3d) 461 (C.A.), refd to. [para. 22].

R. v. Mohl (1987), 55 Sask.R. 22; 34 C.C.C.(3d) 435 (C.A.), refd to. [para. 23].

R. v. Nelson (1982), 3 C.C.C.(3d) 147 (Man. Q.B.), refd to. [para. 24].

R. v. Anderson (1984), 2 O.A.C. 258; 10 C.C.C.(3d) 417 (C.A.), refd to. [para. 25].

R. v. Marshall (1987), 24 O.A.C. 158; 50 M.V.R. 278 (C.A.), refd to. [para. 26].

R. v. Forsyth (1988), 86 N.S.R.(2d) 262; 218 A.P.R. 262, refd to. [para. 31].

Statutes Noticed:

Canadian Charter of Rights and Freedoms, 1982, sect. 10(b) [para. 13].


David Walker, Q.C., for the appellant;

Craig M. Harding, for the respondent.

This appeal was heard on July 26, 1989, before Freeman, C.C.J., of the Nova Scotia County Court of District Number Two, who delivered the following judgment on July 27, 1989.


R. v. Slauenwhite

(1989), 92 N.S.R.(2d) 172 (CoCt)

Reading Time:
8 minutes

Freeman, C.C.J.
: The appellant David Michael Slauenwhite was advised of his right to counsel under the
in language markedly different from that customarily used by the police; he refused to take a breathalyzer test and has appealed his conviction on the ground that evidence of his refusal should be excluded because his rights were infringed.

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