[W] e believe that the central premise of Argersinger — that actual
imprisonment is a penalty different in kind from fines or the mere threat of
imprisonment — is eminently sound, and
warrants adoption of actual
imprisonment as the line defining the constitutional right to appointment of counsel.
(1) Subject to subsection (1.1), if a person who has been arrested without
warrant by a peace officer is taken into custody, or if a person who has been arrested without
warrant and delivered to a peace officer under subsection 494 (3) or placed in the custody of a peace officer under subsection 163.5 (3) of the Customs Act is detained in custody under subsection 503 (1) for an offence described in paragraph 496 (a), (b) or (c), or any other offence that is punishable by
imprisonment for five years or less, and has not been taken before a justice or released from custody under any other provision of this Part, the officer in charge or another peace officer shall, as soon as practicable,