The Adequacy of Police Efforts to Facilitate Contact between an Accused who has been Detained/Arrested and his Lawyer of Choice
The Constitutional Right to Retain and Instruct Counsel The Supreme Court of Canada has recognized that the purpose of the right to retain and instruct counsel guaranteed by section 10( b ) of the Charter is “to allow the detainee not only to be informed of his rights and obligations under the law but, equally if not more important, to obtain advice as to how to exercise those rights”. A person who is detained or arrested is, “in immediate need of legal advice in order to protect his or her right against self-incrimination and to assist him or her in regaining his or her liberty”. The assistance of counsel helps to ensure that those who are in custody, and therefore in legal jeopardy, are positioned to make a voluntary and informed decision whether or not to speak, or otherwise cooperate, with the police. Section 10(b) includes the right to consult a lawyer of one’s choosing The Supreme Court of Canada has interpreted the right to retain and instruct counsel, g...