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  • interrogation accounts for 1 out of 736 casebriefs.

Style of causeRatio

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.