When these efforts did not succeed, Garcia,
again represented
by the Carpenters»
legal counsel, filed an application in the Superior Court of Justice.
In Allison, Mr. Justice Long refereed to R.v. Kerr, an unreported decision in which Mr. Justice Bruce held that the police pre-empted the accused's right to
counsel by waiting only 2 to 4 minutes after he left a message with his lawyer, then calling
Legal Aid on his behalf without telling him that he could call his lawyer
again, or any other lawyer, or asking if he wished to speak to
Legal Aid.