In R. v. Liew and Yu, 2012 ONSC 1826, the Superior Court of Ontario considered the question of whether an attempt on the part of the police to establish a rapport with the accused on the car ride to the police station breached the accused’s section 10(b) right. The accused had been informed of his right to counsel upon arrest, but had not yet had access to counsel.
The Court held that the attempt on the part of the police to establish a rapport with the accused on the car ride to the police station was the initial stage of an interviewing technique employed by police (akin to the Reid Technique, which involves the interviewer establishing a rapport and level of trust with the subject, then confronting the accused about the crime). As such, it breached the obligation on police to “hold off” questioning a detainee until he/she has been given a reasonable opportunity to contact counsel.
R. v. Liew and Yu, at para 75.