What is the limitation on the right of counsel in a sexual assault case?

British Columbia, Canada


The following excerpt is from R. v. Bhandher, 2010 BCSC 1239 (CanLII):

This limitation on the right to counsel is based on its essential purpose: to enable an accused person to make an informed choice on whether to speak with police. The state is not obliged, however, to protect an accused from freely choosing to make a statement. Society has an interest in the police uncovering the truth and they are entitled to employ legitimate means of persuasion to encourage a suspect to speak: Hebert; R v. Singh, 2007 SCC 48. For this reason, both at common law and under the Charter, although an accused has the right to remain silent he or she does not have the right not to be spoken to by police: Singh.

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