Sopinka J.
Sopinka J. ‑‑ We are of the opinion that the appellant’s rights under s. 10(b) of the Canadian Charter of Rights and Freedoms were violated in that the appellant should have been rewarned concerning his right to counsel when there was a substantial change in his jeopardy. This occurred when the police officer concluded that the appellant had committed the offence and advised the appellant accordingly.
The appeal is allowed, the judgment of the Court of Appeal is set aside and the acquittal is restored.