Contacting Counsel a Second Time
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; Section 10(b) of the Canadian Charter of Rights and Freedoms does not mandate the presence of defence counsel throughout a custodial interrogation. In most cases, an initial warning of the right to counsel, coupled with a reasonable opportunity to consult counsel when the detainee invokes the right, satisfies s. 10(b). The purpose of s. 10(b) is to provide a detainee with an opportunity to obtain legal advice relevant to his legal situation. In the context of a custodial interrogation, chief among the rights that must be understood by the detainee is the right under s. 7 of the Charter to choose whether to cooperate with the police or not (the right to silence). Normally, this purpose is achieve...