Right to Counsel
Written in plain language for general understanding. This is educational content, not legal advice. Based on Canadian federal statutes and official sources.
What is this right?
Section 10(b) of the Charter gives you the right to speak to a lawyer when you are arrested or detained. This must happen "without delay" — the Supreme Court said in R. v. Suberu (2009) that this means immediately.
Police must tell you about duty counsel (a free lawyer available 24 hours) and legal aid. They must give you a phone and privacy to make the call. Once you ask for a lawyer, police must stop questioning you until you have spoken to one.
When does it apply?
This right belongs to everyone in Canada upon arrest or detention.
- It applies during any investigative detention — not just formal arrest.
- "Detention" includes psychological compulsion, not just physical restraint (R. v. Therens).
What should you do?
- Say: "I want to speak to a lawyer."
- Ask about duty counsel — it is free and available 24 hours a day.
- Ask for privacy to make your call.
- Stop answering questions until you have spoken to a lawyer.
What should you NOT do?
- Don't casually waive this right — saying "I'm good" or "I don't need one" gives up your protection.
- Don't assume you can't afford a lawyer — duty counsel is free for everyone.
- Don't answer "just a few questions" first — speak to a lawyer before saying anything.
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