Case Briefs
Database For Canadian Criminal Law

 R. v. Czorny

List of Similar Cases | Add Data to This Case | Edit

  Home |Add a new case | List of Issues 
Search for a Case by Name, Cite, Issue, Facts and Reasons

Find A Case That Starts With

Canadian lawyers and Judges are invited to add Additional Issues, Facts, Reasons, Anecdotes, History, Comments, Distinguished, Overruled, Approved, Considered, Corrections, or anything else helpful to readers by clicking the Add Data to This Case hyperlink above. 

ID: 550

Title: R. v. Czorny

Cite: [1996] O.J. No. 3410

Court: ON GD

Date: 02/10/1996

Justices: Adams J.

Result: Appeal succeed. Conviction quashed. Acquittal

WhoWon: D

Issue: Right to Counsel


Charges: Over 80 119/132


 

Facts

Czorny was offered an opportunity to speak to a lawyer. Since Czorny did not know any lawyers, a police officer telephoned a legal aid lawyer. Czorny was advised by the lawyer not to perform any physical tests. The lawyer advised him to consent to a breathalyzer test. The lawyer gave Czorny this advice without asking for any background information. Edit


Issue

Right to Counsel Edit


Held

Czorny was acquitted. Czorny was denied the right to make an informed choice regarding his legal rights and obligations. The advice he received was inadequate. The lawyer did not make a reasonable investigation into the arrest. The adequacy of the advice did not depend on whether Czorny was obligated to take the test. The advice disregarded any potential defences Czorny may have had. His right to counsel was effectively denied. Edit


 
Click this link to Add Your Comments about: R. v. Czorny
Click here to Add a Hyperlink re  R. v. Czorny

Biss Private Use Only