E99| Mental illness, cognitive capacity & the right to counsel.

Legal Issues In Policing · Mar 14, 2025 · 15m

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In this episode, Mike discusses the Ontario Court of Appeal decision R. v. Kostuk, 2025 ONCA 195 where police arrested a man in the stabbing death of his friend. The man — who claimed he was suffering from schizophrenia and had not taken his medication — argued the police breached his s. 10(b) Charter right to counsel because they (1) took no steps to address his mental health issues before he spoke with his lawyer and (2) did not give him another opportunity to speak with his lawyer after he had taken his medication. Were the…