Accused can reconsult counsel before police questioning if police conduct undercuts initial advice: SCC

By Cristin Schmitz ( April 29, 2022, 4:44 PM EDT) -- In a judgment that sheds new light on the “implementational duty” of police to provide a detainee with a reasonable opportunity to consult counsel, the Supreme Court of Canada has ruled 9-0 that a detainee must be given the opportunity to reconsult with a lawyer before being questioned by police, in circumstances where it is objectively observable that police conduct has caused “the detainee to doubt the legal correctness of the advice they have received or the trustworthiness of the lawyer who provided it.”...
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