5,483
edits
Difference between revisions of "Criminal Law and the Canadian Charter of Rights and Freedoms (1:IX)"
Jump to navigation
Jump to search
Criminal Law and the Canadian Charter of Rights and Freedoms (1:IX) (view source)
Revision as of 22:40, 30 August 2021
, 22:40, 30 August 2021no edit summary
Desy Wahyuni (talk | contribs) |
|||
| Line 44: | Line 44: | ||
* 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). | * 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 ''R. v. Grant'', | 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 ''R. v. Grant'', above). | ||
Under s 10(b), the arresting officer has a duty to cease questioning or otherwise attempt to elicit evidence from the detainee until the detainee has had a reasonable opportunity to retain and instruct counsel (''[https://www.canlii.org/en/ca/scc/doc/1987/1987canlii67/1987canlii67.html?searchUrlHash=AAAAAQAMciB2IG1hbm5pbmVuAAAAAAE&resultIndex=1 R v Manninen]'' [1987] 1 SCR 1233). The arrested person has both the right to Legal Aid counsel and the right to be informed of this right: see ''R v Brydges'' and ''[https://www.canlii.org/en/ca/scc/doc/1994/1994canlii65/1994canlii65.html?searchUrlHash=AAAAAQALciB2IHByb3NwZXIAAAAAAQ&resultIndex=1 R v Prosper]'' [1994] 3 SCR 236. | Under s 10(b), the arresting officer has a duty to cease questioning or otherwise attempt to elicit evidence from the detainee until the detainee has had a reasonable opportunity to retain and instruct counsel (''[https://www.canlii.org/en/ca/scc/doc/1987/1987canlii67/1987canlii67.html?searchUrlHash=AAAAAQAMciB2IG1hbm5pbmVuAAAAAAE&resultIndex=1 R v Manninen]'' [1987] 1 SCR 1233). The arrested person has both the right to Legal Aid counsel and the right to be informed of this right: see ''R v Brydges'' and ''[https://www.canlii.org/en/ca/scc/doc/1994/1994canlii65/1994canlii65.html?searchUrlHash=AAAAAQALciB2IHByb3NwZXIAAAAAAQ&resultIndex=1 R v Prosper]'' [1994] 3 SCR 236. | ||