R v Suberu established that police officers are required to immediately facilitate the right to
counsel upon arrest or detention, «subject to concerns for officer or public safety, and such limitations as prescribed by law and justified under s. 1 of the Charter.»
The right to
counsel upon arrest is a constitutionally protected right under section 10 (b) of the Canadian Charter of Rights and Freedoms.
Not exact matches
The right to be free from self - incrimination, is enshrined in Section 7 of the Charter, and is assisted by Section 10 of the Charter which requires that
upon arrest or detention the police must advise an accused person of their right to silence and their right to retain and instruct
counsel.
Given the fact that a criminal record has the potential to severely effect one's life well into the future, it is imperative to consult qualified legal
counsel immediately
upon arrest.
On March 6, 2018, Justice Latimer held that a violation of section 10 (b) of the Charter occurred as a result of the police failure to provide Davis with his rights to
counsel without delay
upon arrest.
Upon arrest or detention, a police officer must advise a detainee of their s. 10 Charter right to retain and instruct
counsel without delay.