Does s.10(b) of the Criminal Code require police to inform a detainee of his right to retain and instruct counsel "immediately"?
Ontario, Canada
The following excerpt is from R. v. Adeyiwola, 2022 ONSC 1824 (CanLII):
In the case of R v. Suberu, 2009 SCC 33, [2009] 2 S.C.R. 460 at para. 37, the court confirmed that s.10(b) requires police to inform a detainee of his right to retain and instruct counsel “immediately”. At paras. 38 and 41, the court further confirmed that this right was subject to concerns for police safety, public safety, or the preservation of evidence. Counsel agree that the word “immediately” does not mean “instantaneously”.
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