Right to Counsel

All persons who are detained or arrested have the right to retain and instruct counsel without delay and to be informed of that right. Detention includes psychological detention, where a person reasonably believes he or she has no choice but to comply with a demand by a state agent, as well as physical restraint. The Right to Counsel seeks to ensure that those who are subject to the coercive power of state agents are told they have the right to consult with a lawyer and are given the opportunity to do so. Practically speaking, police are obliged to tell a person they have detained or arrested the following:

• The person can contact a lawyer for legal advice;
• The person can retain and instruct a lawyer without delay; and
• Legal Aid is available for those who cannot afford to retain a lawyer privately, together with the toll free number for contacting a duty counsel lawyer, who is provided by Legal Aid Ontario free of charge to persons arrested or detained and in need of legal advice.

There is no rule that limits the accused person to a single telephone call. Successive calls are permitted if the detainee needs to do so in order to have a reasonable opportunity to have meaningful contact with and advice from a lawyer. The police are obliged to refrain from eliciting evidence until the accused person has had that opportunity. Persons receiving legal advice while detained or arrested are entitled to do so in private.