Court quashes man’s drug conviction after Durham Regional Police delay access to lawyer

TORONTO – Ontario’s top court has acquitted a man convicted of drug-related offences because Durham Regional Police delayed his access to a lawyer.

The panel said officers only made their first confirmed attempt to call a lawyer three hours after Daniel Noel’s arrest.

Police arrested Noel four years ago after searching his Oshawa-area home and finding thousands of dollars in cash and some cocaine.

The Appeal Court found Noel was not immediately told of his right to counsel and no steps were taken to help him contact a lawyer after he asked.

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The court said police tried to use self-incriminating statements Noel made before he had a reasonable chance to speak to a lawyer.

The court excluded the evidence obtained during the search and entered an acquittal.