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R. v. Paternak

[1996] 3 SCR 607 Court SCC Decision date 1996-11-08 Docket 24877 English

PartiesCorey David Paternak Appellant·Her Majesty The Queen Respondent

Judges Sopinka, John; Cory, Peter deCarteret; McLachlin, Beverley; Iacobucci, Frank; Major, John C.

Delivered by Sopinka J.

On appeal from Alberta

Subjects Constitutional law

Contents

Sopinka J.

Sopinka J. ‑‑ We are of the opinion that the appellant’s rights under s. 10(b) of the Canadian Charter of Rights and Freedoms were violated in that the appellant should have been rewarned concerning his right to counsel when there was a substantial change in his jeopardy. This occurred when the police officer concluded that the appellant had committed the offence and advised the appellant accordingly.
The appeal is allowed, the judgment of the Court of Appeal is set aside and the acquittal is restored.

Statutes and regulations cited