"You have the right to speak to a lawyer..."

We have seen it all a hundred times on television and in the movies. When the police officer arrests someone they read them their rights and say: “…you have the right to a lawyer…” That right, which is guaranteed under the Canadian Constitution, is called the Right to Counsel.

What do the police have to do?

But what do the police actually have to do in order provide you with your right to counsel?

Do I get a choice?

The police are require to allow you to speak to a lawyer of your choice. They must make reasonable efforts to allow you to talk to the lawyer of your choice.

Who should I call?

If you do not know a lawyer, or do not know who to call, the police must allow you to talk to Duty Counsel. Duty counsel are lawyers who are “on call” to speak to anyone who needs advice about a criminal matter.
 
Finally, if there is no duty counsel in your area, the police must give you the opportunity to speak to a Legal Aid lawyer.
 
The police are required to advise you of your right to counsel and the options that you have to contact counsel to obtain legal advice.

Is there anything else the police must do?

The police must give you sufficient time to speak to a lawyer and confirm that you understand your right to legal counsel. You should be allowed to speak to your lawyer in private.

Is there anything else I should know?

These are just a few examples of issues that may arise with regard to your constitutional right to legal counsel. There are a number of other constitutional rights beyond the right to Counsel. An experienced criminal defence lawyer will investigate and consider whether your constitutional rights have been violated by the police and what effect this may have in defending your criminal charges.
 

To speak to one of our experienced criminal defence lawyers, you can contact us through this website, or call us Toll Free at 1-877-423-2050.