Law 2101 Lecture 14: Nov 11 - Criminal Procedure (cont'd)

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Informational duties: on arrest or detention, the police must advise the detainee, that she has the right to retain and instruct (i. e. consult with) counsel, that she has the right to retain and instruct counsel right away, or as soon as reasonably possible, of the opportunity to obtain counsel free of charge where she meets the prescribed legal aid financial criteria, of the opportunity and means to access duty counsel. In ontario this means that detainees are advised of the 1 800 number that they can use to contact duty counsel: lawyers paid by government to sit by the phone all hours of the day, so there is someone you can contact to get free, immediate advice, when initially arrested, duty counsel performs an important, the police must provide this information without delay : immediately upon arrest or function in allowing you to have immediate counsel detention, subject to brief delays permitted as a result of operational exigencies.

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