Section 10: if you have not been arrested or detained you do not receive these rights.
a) Arrest of Detained:
R v. Therens (1985): restraint on liberty in the obvious form of physical restraint.Also where an
agent of the state assumed control by demand or direction which…
Any roadside stop
May have significant legal consequences and prevent access to council.
b) Extent ofApplication:
R v. M (M.R.) (1998): circumstances that are coercive in nature – strict interpretation.
• Lessen with agents of state, non-traditional
• Dealing with minor: 13 high school accused pot dealer.Attend VP’s office. Surrounded
him and took his back-pack, found drugs, called police and charged with possession and
intent to traffic.
• Argued detained could not access council.
• 10(b) not intended to apply to teachers and students. Inappropriate and could lead to
6. Reasons for Arrest / Detention:
R v. Smith (1991): must know why you are being detained. Smith shot a man, police arrested
saying he was detained for a shooting. While detained he confessed, unbeknownst the man he
• Violation of section 10(a) rights
• Must give exact reasons so that when a citizen exercises right they can get proper legal
counsel in accordance with 10(b).
No explicit requirement of the reason why. No content specific
10(b): Right to counsel (Minimal Rights)
• When warning given
• Right to counsel only 10(b) requirement
• Warning at outset is sufficient • Must include assistance in accessing counsel, may provide a list of lawyers
• Provide as immediate advice as is practicable. Content specific – if you are in the station
within the next 5 minutes.
Content of Warning:
R v. Cyreff (