Right to Counsel
Section 10(b) of the Canadian Charter of Rights and Freedoms, states that “Everyone has the right on arrest or detention: to retain and instruct counsel without delay and to be informed of that right.”
There are several Supreme Court Cases that further define the importance of this rule. In the case of R. v. Taylor (July 2014), the accused was suspected of drunk driving. Police informed him of his Charter rights at the time of the arrest, where the accused requested to speak with his father and a lawyer. The police, however, did not provide him with access to a phone at the scene. They proceeded to bring him to the hospital for examination, where they then acquired blood samples. After his trial, Taylor appealed the decision in the Alberta Court of Appeal, where they set aside his conviction. The majority of the court of appeal found that there was no reasonable opportunity to provide Taylor access to counsel prior to taking the first set of blood samples.
Another case that brings up the topic of Right to Counsel, is R. v. Dussault (December 2021). In this case, the police allowed Dussault to speak to a lawyer and then agreed to allow the lawyer to meet with him in person to further address any concerns or questions. After agreeing to this, to both the accused and the lawyer, the police denied Dussault from seeing the lawyer suggesting he already exercised his right to counsel. They then proceeded to interrogate Dussault, where he provided incriminating information. However, it was found in Supreme Court, that there are unique circumstances where the police are required to provide the accused with a further opportunity to consult counsel before questioning them. The law thus far has recognized three categories where a detainee' can renew their right to counsel:
new procedures involving the detainee
a change in jeopardy facing the detainee
a reason to believe that the first information provided was deficient
If you are arrested, note that you do have the right to consult legal counsel! You can contact our law firm to seek legal counsel at (709)739-4141.
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