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Warning: This database is out of date. Use it to find a section number and statute name and then check currency at either Canada legislation site or Ontario legislation site.

Legislation Sections Database at for:


Constitutional Rights

Right to Counsel

Canadian Charter of Rights and Freedoms

Section number:

10 (b)

Right to Counsel

10. Everyone has the right on arrest or detention

(b) to retain and instruct counsel without delay and to be informed of that right;

Right to Counsel before Intoxilyzer or Breathalyzer test but not before roadside Approved Screening Device test where there has been a proper demand and the device is available. Ask to consult a lawyer of your choice. Ask for help in finding that lawyer in a directory. If you do not know a lawyer ask to consult with 24 hour duty counsel using the toll free number in Ontario. Ask for privacy. Issues at trial often relate to delay in RTC, informed waiver, diligence, and counsel of choice.

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