Law 2101 Lecture Notes - Lecture 16: Duty Counsel
Document Summary
Informational duties: these are things that must be told to the detainee. Implementational duties: things that must be done to enable the detainee to exercise their rights, conditional on reasonable diligence of the detainee. Informational duties: right to retain/instruct counsel asap, 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. Includes the duty to afford the detainee an opportunity to consult with counsel in private. Reasonable diligence: duties to facilitate and hold off are conditional upon detainee exercising reasonable diligence in availing herself of her rights, detainee must indicate that they want to contact counsel.
