What is the effect of the failure to advise the accused of sexual assault on the basis of Section 10(a) of the Charter?
British Columbia, Canada
The following excerpt is from R. v. Zhou et al, 2005 BCPC 24 (CanLII):
The accused maintains his Section 10(a) rights were violated by the officers’ failure to advise him of the grounds for the detention and the failure to advise him of his Charter rights. It is also apparent that the officers questioned the accused before advising of his rights in an attempt to gather evidence against him. Even after the accused was arrested, Chartered and warned, the officers continued to ask him incriminating questions despite his expressed desire to consult with legal counsel in violation of Section 10(b). In support of this position the accused relies upon Smith v. The Queen (1991) 1991 CanLII 91 (SCC), 63 C.C.C. (3d) 313 (S.C.C.), Regina v. Evans 1991 CanLII 98 (SCC), [1991] 1 S.C.R. 869, and Regina v. Manninen 1987 CanLII 67 (SCC), [1987] 1 S.C.R. 1233.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the effect of discretion of the Court of Appeal in dealing with allegations of sexual assault in a sexual assault case? (British Columbia, Canada)
What is the effect of section 12 of the Charter on a minimum sentence imposed under section 344(a) of the Criminal Code? (British Columbia, Canada)
Does a police officer have a duty on the accused to advise the accused of a criminal offence of not seeking counsel for a second time when new circumstances arise indicating that the accused is a suspect for a different crime than was the first warning? (British Columbia, Canada)
What is the case law on the exclusion of evidence of sexual assault and sexual assault in criminal proceedings? (British Columbia, Canada)
Is there any case law in the context of sexual assault cases where there is no evidence of physical harm or sexual assault? (British Columbia, Canada)
What is the test for admitting or denying an allegation of sexual assault in a sexual assault case? (British Columbia, Canada)
When placed under arrest for refusing to provide a breath sample, what are the Charter breaches alleged by the accused against the accused? (British Columbia, Canada)
What is reasonable and probable grounds for belief in the context of an allegation of sexual assault against an accused? (British Columbia, Canada)
Can an employee of the City of Toronto who has been convicted of sexual assault in a criminal proceeding to a labour arbitration claim that the assault did not occur? (British Columbia, Canada)
What is the effect of section 29(1) of the Criminal Code Act, section 46 of the Civil Rights Act? (British Columbia, Canada)
