Quebec man's rights were violated when he was arrested for murder, SCC rules

A Quebec man's right to a lawyer was violated when he was arrested in 2013 for murder, the Supreme Court of Canada (SCC) unanimously ruled Friday.

This comes after Patrick Dussault was arrested by police in Gatineau, Que. in August 2013 and charged with murder and arson.

At that time, police informed him of his right to counsel under section 10(b) of the Canadian Charter of Rights and Freedoms, which states that "everyone has the right on arrest or detention to retain and instruct counsel without delay and to be informed of that right."

Once at the police station, the SCC notes Dussault spoke to a lawyer on the phone who explained the charges against him and reminded him of his right to remain silent.

"When the lawyer had the impression that Mr. Dussault did not understand, he offered to come to the station and continue the conversation in person," the SCC states in its ruling. "Mr. Dussault agreed and the police approved the lawyer's visit."

The lawyer told Dussault not to speak to anyone and demanded that police suspend their investigation until he arrived at the station.

"Yet when the lawyer arrived, the police did not allow him to see Mr. Dussault," writes Justice Michael Moldaver in the declaration. "Instead, they told Mr. Dussault the lawyer was not at the station. The police proceeded to interrogate Mr. Dussault. The accused then made an incriminating statement that was later used against him in court."

Dussault went on to plead guilty to the arson charge and underwent a jury trial to determine his guilt on the murder charge.

"At trial, Mr. Dussault asked the judge to exclude the incriminating statement from the evidence," the court states, adding the trial judge disagreed and admitted the statement into evidence.

Dussault was convicted of murder.

His lawyer then appealed to Quebec's Court of Appeal, which found that the police had, in fact, violated Dussault's right.

The Crown then sent the case to the Supreme Court of Canada, which ultimately dismissed the appeal.

"[This] was one of those rare cases in which the police were obligated to provide the accused with a second opportunity to consult counsel," wrote Justice Moldaver.

The document argues police caused Dussault to doubt his lawyer's advice by leading him to believe that an in-person meeting would happen but that he never showed up.

Justice Moldaver dismissed the appeal and Chief Justice Wagner, as well as Justices Karakatsanis, Côté, Brown, Rowe, Martin, Kasirer and Jamal agreed.