Is there a right to counsel under s.10 of the Charter?
Canada (Federal), Canada
The following excerpt is from Dragosin v. Canada (Minister of Citizenship and Immigration), 2003 FCT 81 (CanLII):
The respondent argues that the applicant had no right to counsel during the first interview, relying on Dehghani v. Canada (Minister of Employment and Immigration) 1993 CanLII 128 (SCC), [1993] 1 S.C.R. 1053, where Mr. Justice Iaccobucci states clearly that an immigration assessment hearing does not trigger a right to counsel under s.10 of the Charter. It is the respondent's position that the applicant's right to counsel arose only when the exclusion order was granted on November 5th.
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