An Alberta Provincial Court Judge recently ruled that, in this day and age, police stations must provide detainees with internet access.  The failure to do so is a breach of a detainee’s Charter rights. 

The Judge took judicial notice that the average 19 year old would look to the internet for legal advice before the White Pages, Yellow Pages or 411.  In fact, the accused Mr. McKay, who was 19 at the time of his arrest, testified that he didn’t even know what 411 was.  Now that he is familiar with 411, he says he would not have considered it “a viable search engine”.  He’s not entirely incorrect.

The Judge ruled that a detainee must be provided internet access to contact a lawyer, even if it’s not specifically requested, as long as the right to counsel is invoked.  The Judge’s reasoning hinges on the fact that a growing number of individuals live in a digital world and their rights must be protected just as much as those still living in the world of paper.

No word yet on whether a lawyer will answer a middle-of-the-night email any quicker than a middle-of-the-night phone call!

R. v. McKay, 2013 ABPC 13