I was arrested and the police did not inform me of my right to counsel. What is my remedy?

It is the constitutional right of all Canadians to be informed of their right to counsel upon being detained or arrested. Section 10(b) of the Charter of Rights and Freedoms provides that everyone has the right on detention or arrest to retain and instruct counsel without delay and to be informed of this right. The right to be informed of the right to counsel is taken very seriously within the legal system. Section 10(b) requires that an arrested person be informed of their right to consult a lawyer, consult duty counsel, and/or seek legal aid.

If you are detained or arrested without being promptly informed of your right to counsel, your Charter rights have been infringed. The remedy for this infringement is an exclusion of evidence, such as any statements you made after being arrested, under section 24(2) of the Charter. If you feel that you were not adequately informed of your right to counsel, contact our office today to discuss your options.