Section 10(b) of the Canadian Charter of Rights and Freedoms states that everyone has a right on arrest or detention to retain and instruct counsel without delay. This paper examines the triggering of a s 10(b) right to counsel, particularly where detentions are concerned. The author provides numerous references to case law throughout the paper, and includes a discussion on advising a detainee of his or her rights and the implementation of those rights, as well as reasons for suspending the s 10(b) right. The paper also includes a discussion of recent developments in case law in respect of s 10(b).

This paper is part of a collection presented at LESA’s Criminal Law 25 program held in Calgary on June 3, 2016 and in Edmonton on June 10, 2016.