Law 2101 Lecture Notes - Lecture 16: Duty Counsel

• School: Western University
• Department: Law
• Course: Law 2101
• Professor: Mysty Sybil Clapton

Document Summary

Charter s. 10 (b) guarantees the right to retain and instruct counsel without delay. Counsel can advise the individual on their rights and obligations, or how they should exercise their rights. These are things that must be told to the detainee. Things that must be done to enable the detainee to exercise their rights. Opportunity to obtain counsel free of charge if they meet the legal aid financial criteria. Of the opportunity and means to access duty counsel. In ontario, must be advised of the 1-800 number they can call to speak to a lawyer. Duty counsel: lawyers paid by the legal aid counsel who receive calls by people who need legal advice. Police must provide all of the above information without delay. Police must facilitate access to counsel and provide a reasonable opportunity for the detainee to contract counsel. Usually includes the duty to offer the detainee the use of a telephone at the earliest reasonable opportunity.