The Charter Right to Counsel: Beyond Miranda

Authors

  • Peter B. Michalyshyn

DOI:

https://doi.org/10.29173/alr1679

Abstract

This article critically surveys existing Canadian case law defining the elements of section 10(b) of the Canadian Charter of Rights and Freedoms. The author compares the directions Canadian courts appear to be taking the right to counsel with the approach developed in the United States under the Miranda rule and suggests rationales for extending the Charter right to counsel beyond Miranda.

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