This case involved a motion during a trial to exclude a statement made by the accused to a fisheries officer. Prior to the making of the statement the accused had been given a Charter warning and had advised that he did not want to call a lawyer "at this time". Based upon the British Columbia Provincial Court decision of R. v. Liddell,  B.C.J. NO. 947, defence counsel argued that the words not "at this time" did not amount a waiver. The Nova Scotia court refused to follow the B.C. court and held that there had been a valid waiver.
The court also rejected an argument that the accused must be offered access to a lawyer with expertise in fisheries matters.