What is the test for a defence counsel in a sexual assault case?
British Columbia, Canada
The following excerpt is from R. v. Olson, 1998 CanLII 3629 (BC SC):
As was said in Regina v. Black and in other cases, the right to counsel as guaranteed by section 10(b) of the Charter must be interpreted in a purposive manner. The purposive test requires that the accused must at all relevant times be made aware of his rights in order for those rights to afford him the protection intended.
"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
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 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 test for admitting or denying an allegation of sexual assault in a sexual assault case? (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)
How have courts in Canada treated the issue of sexual harassment in the context of sexual assault cases? (British Columbia, Canada)
What is the defence of an employer in a sexual assault case? (British Columbia, Canada)
What is the test for acquittal in a sexual assault case where there is defence evidence? (British Columbia, Canada)
What is the limitation on the right of counsel in a sexual assault case? (British Columbia, Canada)
Is there a new trial for the defence in the case of a man who was found not guilty of assault but found guilty of the charge on self-defence? (British Columbia, Canada)
How has the defence argued the voluntariness rule in a sexual assault case? (British Columbia, Canada)
