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Hollywood crime dramas are infamous for the
scene when an
accused is taken to a local police station and permitted a single
phone call to
contact a relative or lawyer. While the storyline is myth - there
is no limit
on the number of phone calls available to an accused or detainee -
a recent Alberta
case established a new, real requirement for law
enforcement. After a 19-year
old struggled to find a lawyer using the telephone, the court
ruled that police
must provide an accused with Internet access in order to exercise
their right
to counsel.
Christopher McKay, who faced a driving while
under the
influence charge, told police that he wanted to exercise his right
to legal
counsel. McKay’s cellphone and other personal belongings were
placed in a
police locker when he arrived at the station. McKay was told there
was a
toll-free number available to contact a lawyer as well as White
and Yellow
pages that could be consulted. He called the toll-free number but
was unable to
find assistance.
My weekly technology law column (Toronto
Star version, homepage
version) notes that what followed was the product of a
demographic deeply
familiar Hollywood movies and reliant on the Internet. McKay
assumed that he
had used his single phone call and did not consider using
directory assistance
(411), which he did not think was a "viable search engine."
Instead, he noted
that Google was his main method to search for information.
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