What is the test for informing a detainee of their right to counsel?
Ontario, Canada
The following excerpt is from R. v. Clarke, 2018 ONCJ 980 (CanLII):
Further, at paragraph 5 in Regina v. Suberu: “Even when an encounter clearly results in a detention, for example when the person is ultimately arrested and taken into police custody, it cannot simply be assumed that there was a detention from the beginning of the interaction. Given the immediacy of the s. 10(b) obligation to inform a detainee of his or her right to counsel, it is important to determine if and when an encounter between the police and the individual effectively crystalizes in a detention. It will be depend on the circumstances. It is for the trial judge, applying the proper legal principles to the particular facts of the case, to determine whether the line has been crossed.”
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