Is it reasonable to allege that Sgt. John Simmill undermined the client-legal counsel relationship?
Alberta, Canada
The following excerpt is from R. v. McKenzie, 1999 ABQB 975 (CanLII):
There is also a suggestion that Sgt. Simmill undermined the client-legal counsel relationship by denigrating legal advise proffered. In reviewing the passages submitted in argument it is my view that the exchanges did not go so far as to undermine the legal relationship of the accused to his counsel nor was legal counsel denigrated as was done in Burlingham v. Queen (1995) 97 C.C.C. (3d) 380. The exchanges were, in my view, calculated to appeal to the accused’s good and caring side as opposed to his relationship with his legal counsel. The investigators are allowed some latitude in putting questions to arrestees providing such activity is not oppressive or done in violation of an accused’s rights or in some manner that effects the fairness of the trial.
"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
Can allegations of systemic negligence be relevant to allegations of negligence in a particular case? (Alberta, Canada)
What is the test for reasonable use of the word “reasonable person” in a civil matter? (Alberta, Canada)
Can a fiduciary relationship arise as a matter of fact out of the specific circumstances of a particular relationship? (Alberta, Canada)
Can a husband who has agreed to pay spousal support without the benefit of legal counsel argue that when he signed an agreement to pay support, when he did not have the legal counsel? (Alberta, Canada)
When an individual is informed of his right to counsel, does a reasonable delay in implementing this right? (Alberta, Canada)
What is the effect of a solicitor/client relationship and confidential information which has been obtained in that relationship? (Alberta, Canada)
What is the range of spousal support for a long term relationship? (Alberta, Canada)
What are the requirements for a spouse to retain a portion of her husband’s property as a result of their relationship? (Alberta, Canada)
If a child objects to return to the parent that has abducted or wrongfully retained the child, does the child's desire to remain with the parent be considered an acceptable reason for objection? (Alberta, Canada)
Can defence counsel argue that the accused has a right to adduce his new evidence for the first time? (Alberta, Canada)
