The Right to Counsel




Basic Fundamental Right


One of the reasons why we feel that we are one of the best criminal lawyers in Brampton is our principle that everyone is entitled to seek the advice of a lawyer. This freedom also reflects the importance of the societal role of lawyers in a country governed by the rule of law. Lawyers represent people, communicate legal information and give advice. The execution of these functions contributes to the maintenance of the rule of law. Indeed, these functions are deemed so important that they are often protected by strong privileges of confidentiality that are linked to our basic values and constitutional rights. For many individuals, being involved with the police and the court system can seem to be very complicated and stressful. You may contact our criminal law firm in Brampton at any time and we will provide you with your full set of rights.


Constitutional Protection


As a top Brampton criminal lawyer, we feel very strongly about upholding constitutional values. Section 10 of the Charter of Rights and Freedoms states that everyone has the right on arrest or detention: 1.to retain and instruct counsel without delay and to be informed of that right; 2. The purpose of section 10(b) is to provide an individual who has been arrested or detained with an opportunity to obtain legal advice relevant to his or her legal situation. The emphasis is on ensuring that the detainee’s decision to cooperate with the investigation or to decline to do so is free and informed. Section 10(b) does not guarantee that the detainee’s decision is wise; nor does it guard against subjective factors that may influence the decision. Rather, it aims to give detainees the opportunity to access legal advice relevant to that choice. 3.The meaningful exercise of section 10(b) right to counsel is ensured through the section 10(a) right to be informed promptly of the reasons for one’s arrest or detention. Should detainees opt to exercise the right to counsel by speaking with a specific lawyer, section 10(b) entitles them to a reasonable opportunity to contact their chosen counsel prior to police questioning. If the chosen lawyer is not immediately available, detainees have the right to refuse to speak with other counsel and to wait a reasonable amount of time for their lawyer of choice to respond. As one of the top criminal lawyers in Brampton, we always attempt to make ourselves available to take calls. If the arresting officer fails in his or her paragraph 10(b) duties, any evidence that was obtained in a manner that violated paragraph 10(b) may be found to be inadmissible in subsequent proceedings if its admission would bring the administration of justice into disrepute pursuant to subsection 24(2) of the Charter.