SOC209H5 Chapter 7: Chapter 7 - SOC209 - The Role of a Defence Counsel
Document Summary
In canada, section 10b of the charter provides that: everyone has the right on arrest or detention to retain and instruct counsel without delay and to be informed of that right. This means that police must tell the person arrested that they can contact a lawyer for free legal advice and police must help them get in contact with lawyer right away. When contacted, the defense lawyers almost always urge the detainee to assert his or her right to remain silent. Detainee most likely end up confessing to the crime, even if they are not guilty due to the harsh and intimidating questioning by the police. Lawyers remind them of their right to remain silent: release of the client on bail. The other task of a criminal defence lawyer during that first phone call from the police station is to attempt to persuade the police to allow the client to be released on bail.
