![]() ![]() ![]() This has been interpreted to mean “immediately”. The detainee has the right to be informed of the right to retain and instruct counsel “without delay”. See the general discussion of section 10. What constitutes "arrest" or "detention"? The meaningful exercise of the section 10(b) right to counsel is ensured through the section 10(a) right to be informed promptly of the reasons for one’s arrest or detention (see R. 1233 at 1242-43, as reaffirmed in Sinclair, supra at paragraph 26). The emphasis is on ensuring that the detainee’s decision to cooperate with the investigation or to decline to do so is free and informed. Section 10(b) does not guarantee that the detainee’s decision is wise nor does it guard against subjective factors that may influence the decision. Rather, it aims to give detainees the opportunity to access legal advice relevant to that choice ( Sinclair, supra at paragraph 26). 310). More specifically, the purpose of the right to counsel is "to allow the detainee not only to be informed of his rights and obligations under the law but, equally if not more important, to obtain advice as to how to exercise those rights" ( R. The purpose of section 10(b) is to provide an individual who has been arrested or detained with an opportunity to obtain legal advice relevant to his or her legal situation ( R. See also the following international, regional and comparative law instruments that are not legally binding on Canada but include similar provisions: the Sixth Amendment to the Constitution of the United States of America (Bill of Rights) and article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. Related provisions may be found in the following Canadian laws and international instruments that are binding on Canada section 2(c) of the Canadian Bill of Rights articles 14(3)(b) and (d) of the International Covenant on Civil and Political Rights and article 37(d) of the Convention on the Rights of the Child. to retain and instruct counsel without delay and to be informed of that right.Everyone has the right on arrest or detention:
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