The Right to Retain and Instruct Counsel: the Intoxicated Lawyer
The right to effective counsel is a constitutionally protected right, an aspect of an accused’s right to make full answer and defence and right to a fair trial. That right may inform the information obligations that police have to an accused under section 10 (b) of the Charter. What are police to do when they have reason to believe counsel is ineffective? Our courts are required to presume professional competence, absent proof to the contrary. The same presumption applies to the police when they consider the competence of the lawyer consulted by the accused. The following rule out of R. v. Dubeau is hinged on this presumption-- Police are not obligated to provide an additional section 10(b) informational warning (advising the accused of the right to consult effective counsel) unless they have reasonable grounds to believe, and do believe, that there exist factors (such as alcohol consumption) which, on a balance of probabilities, reasonably lead to a conclu...