Rights to Counsel
Rights to Counsel as Legal Defence
Breach of the right to counsel (Section 10 of the Charter of Rights and Freedoms).
What this Means
The Canadian Charter of Rights and Freedoms sets out certain rights that a person has. Sections 10(a) and 10(b) of the Canadian Charter of Rights and Freedoms set out certain rights that are triggered as soon as a person is arrested or detained.
In Canada, every person has the right, upon arrest or detention, to immediately be informed of the reason why they were arrested or detained. Furthermore, upon arrest or detention every person has the right to be immediately informed of their rights to counsel and specifically that they have the right to speak to any lawyer they wish. The police have a duty to implement the right to counsel by facilitating communication with counsel, in private, at the earliest reasonable opportunity. The police also have a duty to advise you of the availability of a free duty counsel lawyer and to facilitate a consultation, in private, with that free lawyer if that is who you chose to speak with.
* Note that there are some limitations to the rights to counsel following a lawful traffic stop.
If we are successful at establishing that one or more of your rights under the Charter were violated, we may be able to get evidence critical to the case against you thrown out (for example; drugs, guns, breath samples, financial records) or we may even be able to get the entire case against you thrown out.
At Every Defence, we have successfully defended hundreds of cases by showing that our clients’ rights under the Charter were breached.
Charged with a Criminal Offence? Get Every Defence.
Do not plead guilty without discussing your case with a lawyer. Many criminal offences have mandatory minimum sentences and a conviction will often result in a lengthy jail sentence. Being found guilty may result in negative employment, immigration and personal consequences to you and your family for years to come.