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, [2008] 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.