Tag Archive for 'Supreme Court of Canada'

Right to Consult a Lawyer?

In R. V. Sinclair (2010 SCC 35, Docket # 32537) the SCC now says that an accused does not have the right to a lawyer during questioning by the police.

The Police must tell the prisoner that he has the right to a lawyer. However, that only means he has to take whatever lawyer he is able to contact at the time the police allow him to try to contact one.  This decision means an accused only has the right to talk to whatever lawyer he can find (usually by telephone) regarding whether he should cooperate or not before the interrogation starts.

Tort for Negligent Investigations

The Supreme Court of Canada has recognised the tort for incompetent investigation. This area of law has been receiving more attention over the past decade and I expect we will see a case involving a Private Investigator over the next few years. Continue reading ‘Tort for Negligent Investigations’