Right to Counsel in Ontario
Reviewed by the Commoner Law Editorial Team. Sourced from Canadian federal statutes and official sources. Provincial information reflects each province's own legislation and court rulings. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
What is this right?
Section 10(b) gives you the right to retain and instruct counsel on arrest or detention — and to be told about that right. R. v. Suberu (2009) settled the timing: "without delay" means immediately, not after the questioning.
Police have to tell you about duty counsel (free, 24 hours, anywhere in Canada) and Legal Aid. They must give you a phone and real privacy for the call. The moment you ask for a lawyer, questioning has to stop until you've had a reasonable chance to speak with one.
When does it apply?
The right belongs to everyone in Canada on arrest or detention.
- Triggered during any investigative detention, not only formal arrest.
- Detention includes psychological restraint — you don't need to be in cuffs (R. v. Therens).
What to Do If Police in Canada Are Denying You Access to a Lawyer
- Say it: "I want to speak to a lawyer."
- Ask for duty counsel. It is free and available 24/7.
- Ask for privacy for the call. You're entitled to it.
- Stop answering questions until you've actually spoken to a lawyer.
What should you NOT do?
- Don't casually waive. "I'm good" or "I don't need one" will be played back at trial.
- Don't assume you can't afford a lawyer. Duty counsel is free for absolutely everyone.
- Don't answer "just a few quick questions" first. There are no quick questions — speak to counsel before you say anything.
How Ontario differs from federal law
Section 10(b) of the Charter gives everyone the right to retain and instruct a lawyer without delay upon arrest or detention. Ontario provides specific resources to make this right practical.
- When you are arrested or detained, police must immediately inform you of your right to a lawyer and give you a reasonable opportunity to contact one before further questioning.
- Ontario operates a 24-hour duty counsel service through Legal Aid Ontario. If you cannot reach your own lawyer, police must provide you with the toll-free number for duty counsel so you can get free, immediate legal advice.
- Police must hold off on questioning until you have had a reasonable opportunity to speak with a lawyer (the "implementation" component of s. 10(b) — established in R. v. Bartle, a case originating in Ontario).
- Legal Aid Ontario provides legal representation for people who cannot afford a lawyer. Eligibility is based on income. Legal aid certificates cover criminal and some civil matters.
- If police fail to provide you with a proper opportunity to speak to counsel, any evidence or statements obtained afterward may be excluded under section 24(2) of the Charter.
Additional Steps in Ontario
Upon arrest, say: "I want to speak to a lawyer." If you do not have one, ask for the duty counsel number. Legal Aid Ontario's toll-free line is 1-800-668-8258. For ongoing representation, apply for a legal aid certificate at legalaid.on.ca. You can also contact the Law Society Referral Service at 1-855-947-5255 for a free 30-minute consultation with a lawyer.
Relevant Law: Canadian Charter of Rights and Freedoms, s. 10(b); Legal Aid Services Act, 2020, S.O. 2020, c. 11, Sched. 15; R. v. Bartle, [1994] 3 SCR 173
Common Questions
When does right to counsel apply?
The right belongs to everyone in Canada on arrest or detention.Triggered during any investigative detention, not only formal arrest.Detention includes psychological restraint — you don't need to be in cuffs (R. v. Therens).
What should I do if I'm detained in Canada and police won't let me call a lawyer?
Say it: "I want to speak to a lawyer."Ask for duty counsel. It is free and available 24/7.Ask for privacy for the call. You're entitled to it.Stop answering questions until you've actually spoken to a lawyer.
What mistakes should I avoid with right to counsel?
Don't casually waive. "I'm good" or "I don't need one" will be played back at trial.Don't assume you can't afford a lawyer. Duty counsel is free for absolutely everyone.Don't answer "just a few quick questions" first. There are no quick questions — speak to counsel before you say anything.
Right to Counsel in other states
Same topic, different jurisdiction. Pick the one that applies to you.