Charter Cases: Section 10(a): Reason for Detention

10. Everyone has the right on arrest or detention … a) to be informed promptly of the reasons therefor;”

R. v. Mian, 2014 SCC 54

The accused, Mohammad Hassan Mian, was arrested for possession of cocaine for the purpose of trafficking, but not informed of the reason for his detention for 22 minutes, and not informed of his right to retain and instruct counsel for approximately 25 minutes. After cross-examining a number of police officers, defence counsel argued that police had violated Sections 10(a) and 10(b) of the Charter of Rights and Freedoms. Continue reading

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Filed under Section 10: Rights on Arrest, Section 10(a): Reason for Detention, Section 10(b): Right to Counsel