To similar effect in R v. Hebert 1990 CanLII 118 (SCC), [1990] 2 SCR 151, McLachlan J, (as she then was) stated at para. 55: The guarantee of the right to counsel in the Charter suggests that the suspect must have the right to choose whether to speak to the police or not, but it equally suggests that the test for whether that choice has been violated is essentially objective. Was the suspect accorded his or her right to consult counsel? By extension, was there other police conduct which effectively deprived the suspect of the right to choose to remain silent, thus negating the purpose of the right to counsel?
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