Supreme Court of Canada: No Constitutional Provision to Have Lawyer Present

The Supreme Court of Canada has handed down its decision regarding the right of a person to have their lawyer present  during interrogation by the police.  Chief Justice McLachlin wrote the majority opinion which reads in part “that s. 10(b) does not mandate the presence of defence counsel throughout a custodial interrogation.” (R. v. Sinclair, 2010 SCC 35)

Due to copyright restrictions, the full text of the judgment is not available on this site; the judicial ruling is available from LexUM in partnership with the Supreme Court of Canada.

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