The Court found that merely reading the accused his or her rights is insufficient to discharge the right to counsel; the police must also provide the accused with access to legal aid or duty counsel.

At trial Prosper successfully argued that Breathalyzer results were taken in violation of his Charter rights to counsel under section 10(b).

The question before the Supreme Court was first, whether section 10(b) of the Charter imposes a substantive constitutional obligation on governments to ensure that duty counsel is available upon arrest or detention to provide free and immediate preliminary legal advice upon request.

Second, whether the evidence should be excluded under section 24(2) of the Charter as it would bring the administration of justice into disrepute.

The court unanimously held that the Charter does not impose an obligation to ensure duty counsel is available upon arrest.