As part of the Constitution the Charter differs from the Canadian Bill of Rights which was aptly described by Laskin J. (as he then was) in Hogan v. The Queen (1974), 1974 CanLII 185 (SCC), 18 C.C.C. (2d) 65 at p. 81, 48 D.L.R. (3d) 427 at p. 443, [1975] 2 S.C.R. 574, 26 C.R.N.S. 207 at p. 224, 9 N.S.R. (2d) 145, as "a half-way house between a purely common law regime and a constitutional one; it may aptly be described as a quasi-constitutional instrument". The right to counsel is no longer a mere statutory right but has now been elevated to the status of a constitutional right.
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