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Showing posts with the label What must the Police Tell Me upon Arrest?

What must the Police Tell Me upon Arrest?

Section 10(b) of the Canadian Charter of Rights and Freedoms fulfills its purpose in two ways.   First, it requires that the detainee be advised of his right to counsel.   This is called the informational component .   Second, it requires that the detainee be given an opportunity to exercise his right to consult counsel.   This is called the implementational component . In today’s blog entry, I discuss the informational component of the section 10(b) Charter right.   Or more simply: what must the police tell you upon arrest/detention? Canadian Charter of Rights and Freedoms 10. Everyone has the right on arrest or detention                 a. to be informed promptly of the reasons therefor;                 b. to retain and instruct counsel without delay and to be informed of that right. Overvie...