Counsel of Choice

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If an individual is arrested or detained they may have the right to consult with a lawyer or attorney. That right may be part of constitutional law, judge made law, or a particular statute. The right to the consultation may be long or short, in person or over the telephone, under the control of the police or in privacy, all depending on the jurisdiction and the context. The person charged may or may not have the right to choose a particular lawyer or attorney to consult. "Counsel of choice" refers to the right to consult with the particular lawyer or attorney that the detainee chooses, not simply one chosen by the police or supplied by the government.  

 

 

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Canada                                                      Edit this Entry                     Cases for this Canada paragraph

In Canada we generally have a right to choose our own lawyer. However, where the police are under time constraints, the Court may conclude that the individual should have spoken to a 24 hour duty counsel when offered the opportunity rather than holding out for their unavailable lawyer of choice.

 

 

See also: Counsel of Choice

Links to legislation in International Referral Database:

Ontario : Right to Counsel

Breath Instruments Links

Breath and Blood Departments and Standards Links

 

Charter of Rights Law: Words, Concepts, Issues, Terminology, and Ideas

Charter of Rights Law: Counsel of Choice Information For Expression and Peer Review by Law Students, Articled Clerks, and Students-at-Law

Constructive Peer Review is Encouraged By and Among Judges, Lawyers, and Forensic Scientists and Technologists- Click an Add, Edit, or Update Link to Participate

This Charter of Rights Law Counsel of Choice page is for expression by students of law and forensic science in understanding and peer reviewing important Charter of Rights Law: Counsel of Choice concepts, words, issues, and ideas. This site is not intended to provide Charter of Rights legal advice to the public. Members of the public with Charter of Rights law questions should consult and retain a Charter of Rights lawyer or attorney for proper legal advice. Because this Counsel of Choice information comes from many sources who may not be Charter of Rights law lawyers or attorneys and because this site does NOT contain solicitor-to-client personalized advice it would be unsafe to rely upon this Counsel of Choice information. This database was developed by Stephen R. Biss, Barrister & Solicitor, who practices law in Mississauga, Ontario, Canada.

 

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For more information respecting this database or to report misuse contact: Allbiss Lawdata Ltd., 303-470 Hensall Circle, Mississauga, Ontario, Canada, L5A 3V4. The author and the participants make no representation or warranty  whatsoever as to the authenticity and reliability of the information contained herein. Advertisement. The participants do not practice in association. WARNING: All information contained herein is provided by students of the law for the purpose of discussion and peer review only and should not be construed as formal legal advice. The authors disclaim any and all liability resulting from reliance upon such information. You are strongly encouraged to seek professional legal advice before relying upon any of the information contained herein. Legal advice should be sought directly from a properly retained lawyer or attorney.

Intoxilyzer®  is a registered trademark of CMI, Inc. The Intoxilyzer® 5000C is an "approved instrument" in Canada.
Breathalyzer® is a registered trademark of Draeger Safety, Inc., Breathalyzer Division. The owner of the trademark is Robert F. Borkenstein and Draeger Safety, Inc. has leased the exclusive rights of use from him. The Breathalyzer® 900 and Breathalyzer® 900A are "approved instruments" in Canada.
Alcotest® is a registered trademark of Draeger Safety, Inc. The Alcotest® 7410 GLC is an "approved screening device" in Canada.
Datamaster®  is a registered trademark of National Patent Analytical Systems, Inc.  The BAC Datamaster® C  is an "approved instrument" in Canada.

 

Warning: This is NOT a government web site. The information provided herein has NOT been provided by a government. This information has been provided by a lawyer or attorney or student, for the purpose of providing basic information about the laws and regulations enacted by a government and the government offices that apply laws and regulations, and for the purpose of encouraging discussion and facilitating proper legal challenges related to the application of laws and regulations made by government. Citizens always have the right to challenge government. Citizens need independent information not provided by government about government offices, phone numbers, locations, and their services or lack thereof. Please note that the information provided may not be up to date. It is your responsibility to meet with a lawyer or attorney in person to get complete advice. Information provided by some government sites may also be sometimes out of date, sometimes incomplete, or sometimes focused on protection of government politicians, officers, policy initiatives, and interests. It is essential that you retain and instruct an independent lawyer or attorney to represent YOUR interests and inform you accordingly.