• Print
  • Criminal Procedure accounts for 3 out of 811 casebriefs.

Style of causeRatio

Ashley Smith Inquest(s)

n/a

While not a court case, this ordeal has had a major impact on legislation, sentencing, and policy approaches to law.

R v Sinclair, 2011 SCC 40, [2011] 3 SCR 3.

(1) A suspect under arrest does not have the right to a lawyer to be present during a police interrogation/investigation.

(2) A suspect under arrest does have the right to reconsultation in specific circumstances (list is not exhaustive):

(a) New, non-routine procedures, that the advising lawyer would not have expected at the time of the original consultation (i.e. a polygraph, a photo lineup, etc.).
(b) Change in jeopardy (i.e. new charges).
(c) Reason to believe the detainee did not understand his right to counsel.

R v Suberu, 2009 SCC 33.

Individuals must be informed of their rights upon detention (before or concurrently during arrest), specifically the right to counsel in this case, and must be informed so immediately.