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Patrick Ducharme |
Continued from part 2.
The duty of the police is to provide the accused with access to the advice of counsel at the earliest practicable opportunity. To suggest, as the trial Judge had found in this case, that it was reasonable to delay the implementation of the right to counsel for the entire duration of the accused’s time waiting for and receiving medical treatment in the hospital emergency ward, without any evidence of the particular circumstances that justified the failure of the police to assist the accused to obtain legal advice, thus violating his constitutional right to legal advice “without delay”. (para. 32)
Continue reading “Tracking Devices (Part 3)”