10. Everyone has the right on arrest or detention
...
(b) to retain and instruct counsel without delay and to be informed of that right
I don't see anywhere in that section of the Charter that someone has the right to a telephone call, personal or otherwise.
This right has 3 parts, all of which are essential to it.
First; to retain and instruct counsel.
Second; without delay.
Third; to be informed of that right.
If the most expeditious way (without delay) to retain and instruct counsel is through a telephone call to someone's parent or friend, then any other method or means will create delay.
The intent of that part of the right is to minimize the time an accused remains under detention without legal advice and representation.
The first part has 2 distinct components; a) retain and b) instruct counsel. Further, it is trite law that this right includes the right to choose counsel.
Strictly speaking, getting connected to a duty counsel does not guarantee that he or she will be retained and/or instructed. In fact, that is seldom the case.
Through a conversation with a friend or relative, the accused may very well authorize someone better equipped to choose, retain and instruct counsel for the defence of the accused, which would be done much more expeditiously.
Think, for instance, that you may need to talk to more than one counsel to represent the accused at the earliest possible bail hearing. That could be done much more expeditiously (without delay) by someone, who is not detained, other the accused. Further, a person of the accused's trust and authorized by the accused may be able to properly choose, retain and instruct counsel
Why would the function of retaining and instructing counsel need to be done with a police officer as the middle man? How would you like to have a police officer present every time to talk to your lawyer?
Unless the police can prove that by placing the call themselves they would provide the accused the most expeditious way to choose, retain and instruct counsel, the denial to call anyone chosen by the accused for that purpose, in my opinion, would be a violation of s. 10 (b) of the Charter, which is commonly done by the Police.
Cheers.