5,109
edits
Difference between revisions of "Criminal Law and the Canadian Charter of Rights and Freedoms (1:IX)"
From Clicklaw Wikibooks
Criminal Law and the Canadian Charter of Rights and Freedoms (1:IX) (view source)
Revision as of 00:32, 30 August 2022
, 00:32, 30 August 2022→D. Finding legal counsel and other assistance where person is arrested and detained: s 10(b)
| Line 41: | Line 41: | ||
Under section 10 of the ''Charter'', everyone has the right on arrest or detention: | Under section 10 of the ''Charter'', everyone has the right on arrest or detention: | ||
* | * To be informed promptly of the reasons for that arrest or detention; | ||
* | * To be informed of the right to remain silent; | ||
* | * To retain and instruct counsel without delay and to be informed of that right; and | ||
* | * To be informed of the existence and availability of the applicable systems of duty counsel and Legal Aid in the jurisdiction, in order to give the detainee a full understanding of the right to retain and instruct counsel (''[https://www.canlii.org/en/ca/scc/doc/1990/1990canlii123/1990canlii123.html?searchUrlHash=AAAAAQALciB2IGJyeWRnZXMAAAAAAQ&resultIndex=1 R v Brydges]'', [1990] 1 SCR 190). | ||
The wording of the ''Charter'' suggests that the right to counsel is not absolute, but rather that it is available only to a person who is under arrest or in detention. The ''Charter'' right to counsel is thus triggered where a person is arrested or detained (see ''[https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/7799/index.do R v Grant]'', [2009] SCC 32). | The wording of the ''Charter'' suggests that the right to counsel is not absolute, but rather that it is available only to a person who is under arrest or in detention. The ''Charter'' right to counsel is thus triggered where a person is arrested or detained (see ''[https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/7799/index.do R v Grant]'', [2009] SCC 32). | ||
