It's May 23rd 1985, and we have just had our first charter challenge involving section 10 of the Charter!
Here we have Mr. Therens who was picked up by the police after losing control of his vehicle and hitting a tree.
The officer brought Mr. Therens in and asked him to participate in a breathalyzer test. Alcohol showed up and mr. Therens was arrested. BUT, he wasn't informed that he had the right to counsel.
Which is a direct violation of section 10(b) which states that an individual must be informed that they have immediate right to counsel without delay.
In court, Mr. Theren's lawyer challenged the charter, and rightfully so, as his arrest was procedurally incorrect and argued that the arrest was therefore invalid.
And this ladies and gentlemen, is why it is so important to be procedurally sound during an arrest as there are sections in it which define how an arrest must be performed and people can get away on technicalities. Thanks for Listening to my presentation!