The decision of the Quebec Court of Appeal in the case of Caroline Tremblay is already having babies, reports the Daily.
In early January, the woman was again acquitted on an impaired driving appeal. Mrs. Tremblay could not call her lawyer, Me Charles Cantin, using his cell phone at the time of his arrest. The police then refused his request and allowed him to call more than an hour later at the police station.
Relying on the Tremblay decision, the Superior Court has now just acquitted two accused who were unable to immediately contact their lawyer at the time of their arrest. The Court believes that the police must allow the arrested person to call the lawyer of his choice as soon as possible.
In both cases, the guilty verdict was overturned in Superior Court.
“The police tried to justify their breaches by invoking confidentiality and security, which, at the limit, could lead to doubt their good faith, whereas there was no exceptional circumstance allowing to suspend for more than ‘one hour the right to the lawyer’, can we read in the judge’s decision Richard Grenier concerning the accused Regis Houde.