What is the test for understanding the purpose of an investigation, apprehension or detention?
Alberta, Canada
The following excerpt is from R v Courtorielle, 2014 ABQB 682 (CanLII):
The question is whether the Appellant reasonably can be supposed to have understood the basis for the investigation, apprehension or detention and the extent of her jeopardy. This understanding allows the Appellant to make a reasonable decision either to submit to detention or to assert the right to counsel (R v. Maclean, 2013 ABQB 60, 551 AR 274).
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