What is the test for police to give effect to a detainee's s.10(b) right to counsel?
British Columbia, Canada
The following excerpt is from R. v. Barnes and Plant, 2018 BCPC 99 (CanLII):
This means that to give effect to the right to counsel, the police must inform detainees of their s. 10(b) rights and facilitate access to those rights where requested, both without delay. This includes "allowing [the detainee] upon his request to use the telephone for that purpose if one is available" (Manninen, at p. 1242). And all this because the detainee is in the control of the police and cannot exercise his right to counsel unless the police give him a reasonable opportunity to do so (see Brownridge v. The Queen, 1972 CanLII 17 (SCC), [1972] S.C.R. 926, at pp. 952-53).
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