E131| s. 10(b) implementational delay & failure to communicate.
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In this episode, Mike discusses the Ontario Court of Appeal decision R. v. Dalia, 2025 ONCA 772 where police delayed providing an arrestee access to counsel until a house — the target of a search warrant — was secured. A sergeant expected an officer would learn via police radio when the home was secure and then facilitate access to a lawyer, while the officer was expecting further instruction from the sergeant before doing so. This miscommunication resulted in a s. 10(b) Charter breach. Listen and learn how you might avoid a similar situation.
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."
Sentencing decision. (2023 ONSC 2114)
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