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Case Briefs Database at
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This is a database of lists of cases connected to particular criminal law issues. You can read the full text for most of the cases listed by visiting https://www.canlii.org/. If you are a law student, student-at-law, or a lawyer and you have additional cases that should be added to this list, please contact us at the email address at the bottom of this page. This portion of the database contains notes (some of which are quite old) made by the author and various students.
R. v. Czorny
[1996] O.J. No. 3410
Facts
ON GD
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.
Issue
ON GD
Right to Counsel
Held
ON GD
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.