Does the accused need to make a specific request for privacy request?

Ontario, Canada


The following excerpt is from R. v. Ogbaldet, 2010 ONCJ 477 (CanLII):

[62] It is a well-established principle then that the accused need not make a specific request for privacy and such a request is not required in law. As noted in Regina v. Burns, [2005] O.J. No. 3577 at para. 23: “A detained individual may well realize the lack of privacy but not appreciate its legal significance, and most laypersons would probably not have this appreciation. Secondly, many people will not complain because of their particular personalities, or, through a feeling of powerlessness on a playing field that is not level. A detainee has limited input as to the implementation of the right to counsel. Often no telephone or legal directories are made available to him or her, the telephone number is almost always called by the police custodian, and the location in which the conversation is to take place is chosen by the police.”

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