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E110| Right to counsel. Police must proffer grounds for postponement.
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In this episode, Mike discusses the Ontario Court of Appeal decision R. v. Brown, 2024 ONCA 763 where police postponed providing an arrestee access to counsel for about an hour and a half until he was transported to the police station. Was this delay justified in the circumstances? Does a "calm" and under control situation necessarily equate to a "safe" one? What are a police officer's obligations under s. 10(b) of the Charter?
s. 10(b) Charter — "Everyone has the right on arrest or detention … to retain and instruct counsel…
The skinny
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