Does section 10 of the Charter require that the police advise everyone at the outset that they have no obligation to speak to the police?

Ontario, Canada


The following excerpt is from R. v. Clarke, 2018 ONCJ 980 (CanLII):

Further, in Regina v. Grant, the court made it clear that section 10 does not require that the police advise everyone at the outset of any encounter that they have no obligation to speak to the police and are entitled to legal counsel (see paragraph 19). At paragraph 38 in Grant, the court indicated: “Detention under s. 9 and 10 of the Charter refers to a suspension of the individual’s liberty interest by a significant physical or psychological restraint. Psychological detention is established either where the individual has a legal obligation to comply with the restrictive request or demand, or a reasonable person would conclude by reason of the state conduct that he or she had no choice but to comply.”

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