The,Right,Counsel,Canada,Norma law The Right to Counsel in Canada


Bankruptcy is a situation, wherein an individual is termed as unable to discharge all the debts. When a person or a company is not able to pay off its creditors, it has an obligation to file a bankruptcy suit. In fact, a bankruptcy suit is a When you work with an attorney, you will have no problem reducing the risks associated with getting your case in front of a judge and jury, or other formal court, when you need to. However, every case is different. It is important to work wi


Normal 0 false false false MicrosoftInternetExplorer4 /* Style Definitions */ table.MsoNormalTable{mso-style-name:"Table Normal";mso-tstyle-rowband-size:0;mso-tstyle-colband-size:0;mso-style-noshow:yes;mso-style-parent:"";mso-padding-alt:0in 5.4pt 0in 5.4pt;mso-para-margin:0in;mso-para-margin-bottom:.0001pt;mso-pagination:widow-orphan;font-size:10.0pt;font-family:"Times New Roman";mso-ansi-language:#0400;mso-fareast-language:#0400;mso-bidi-language:#0400;}The section states that “Everyone has the right on arrest ordetention … to retain and instruct counsel without delay and to be informed of that right.”The duty of police to inform suspects of their Section 10(b)rights was firmly established by the Supreme Court of Canada in R. v. Bartle in1994, where the accused was arrested for alleged impaired driving and thepolice failed to inform him of his right to contact counsel at the time of arrest.The evidence against Mr. Bartle was excluded on the basis of the Charterbreach.R. v. Feeney was a further case in 1997, where a charge ofsecond degree murder was thrown out after police entered the suspect’s homewithout a warrant and proceeded to question him without informing him of hisright to counsel.Unlike the American constitution, the Charter of Rights andFreedoms does not expressly provide for a right to state-funded counsel wherethe accused cannot afford to retain a lawyer. The Ontario Court of Appeal,however, has interpreted Section 7 of the Charter as requiring the governmentto fund defense counsel in certainly, narrowly defined circumstances. Thereasoning for this was laid out in the Rowbotham decision of 1988.

The,Right,Counsel,Canada,Norma

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