What is the test for an absolute right to counsel?
Ontario, Canada
The following excerpt is from R. v. Silva, 2005 ONCJ 2 (CanLII):
[23] The comments of Chief Justice Lamer’s in Bartle v. The Queen (1994) 1994 CanLII 64 (SCC), 92 CCC (3rd) 289 at p.301 suggest that the right to counsel is not absolute and that there is an expectation that the accused will demonstrate reasonable diligence in exercising the right to counsel.
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