Does a police officer have a duty on the accused to advise the accused of a criminal offence of not seeking counsel for a second time when new circumstances arise indicating that the accused is a suspect for a different crime than was the first warning?
British Columbia, Canada
The following excerpt is from R. v. Matthews, 1999 CanLII 6726 (BC SC):
In Evans v. The Queen (1991), 1991 CanLII 98 (SCC), 63 C.C.C. (3d) 289 McLaughlin J. commented on Black in this way, at page 306: This court's judgment in R. v. Black, supra, per Wilson J. makes it clear that there is a duty on the police to advise the accused of his or her right to counsel a second time when new circumstances arise indicating that the accused is a suspect for a different, more serious crime than was the case at the time of the first warning. This is because the accused's decision as to whether to obtain a lawyer may well be affected by the seriousness of the charge he or she faces. The new circumstances give rise to a new and different situation, one requiring reconsideration of an initial waiver of the right to counsel. p. 306
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