A Practical Guide to the Charter: Section 10(b)
Written by leading criminal lawyers, A Practical Guide to the Charter: Section 10(b) is the latest publication in our series focused on the Canadian Charter of Rights and Freedoms and provides an excellent starting point for practitioners by offering an overview of the jurisprudence related to the right to counsel.
Accessible. Reliable. Indispensable.
The right to counsel guaranteed in Section 10(b) of the Charter declares that “everyone has the right on arrest or detention … to retain and instruct counsel without delay and to be informed of that right.” This is foundational and emphasizes one of the “most important functions of legal advice”: to ensure an accused understands their rights, including obtaining advice on a number of aspects of detention and investigation.
A Practical Guide to the Charter: Section 10(b) sets out the issues, principles and precedents that have evolved from the basic tenets of the right to counsel as established by the Supreme Court of Canada – from the right to consult with counsel “without delay” to the reasonable opportunity to consult with counsel of choice. By highlighting the issues to be considered, the authors lay the foundation for arguments that need to be advanced and set the stage for future arguments.
By providing analysis and discussion of the jurisprudence related to Section 10(b) – as well as useful precedents, commentary and practice tips – these expert practitioner-authors have succeeded in delivering a highly accessible text that will be an essential resource for anyone practising criminal law, as well as law schools and law libraries.
Table of contents
Chapter 1 : Introduction to Section 10(b) of the Canadian Charter of Rights and Freedoms
Chapter 2 : Triggering the right to counsel: What constitutes a detention?
Chapter 3 : The right to counsel “without delay”
Chapter 4 : The duty to hold off from attempting to elicit incriminatory evidence until full compliance with Section 10(b)
Chapter 5 : Complying with the detainees’ right to consult with counsel of choice depends on who controls the means by which a detainee can locate counsel
Chapter 6 : Obligation to provide privacy
Chapter 7 : How many opportunities does a detainee have to speak to counsel?
Chapter 8 : Waiver
Chapter 9 : Remedies
Chapter 10: Practice tips
Chapter 11: Precedents