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 without delay and to be informed of that right."
Supreme Court of Canada dismissal of leave application.
Trial decision on s. 10(b) application. (2022 ONCJ 678)
Decision on sentence. (2022 ONCJ 679)
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