R. v. Brydges
Encyclopedia
R. v. Brydges, [1990] 1 S.C.R. 190 is a leading Supreme Court of Canada
decision on the right to retain and instruct counsel under section 10(b)
of the Canadian Charter of Rights and Freedoms
. The Court held that the right imposed a duty upon the police to provide information and access to a legal aid lawyer if needed. From this case came the term "Brydges Counsel" to refer to legal aid lawyers that assist recently arrested individuals.
service as he could not afford a private lawyer. The officer said that he believed so and asked Brydges if he had a reason to contact one. Brydges replied "Not right now, no". After some time in interrogation the accused asked for a Legal Aid lawyer. Once he got in touch with one he was advised not to say anything.
At trial, the judge found that Brydges had made a request for a lawyer at the beginning of the questioning, and that the police did not adequately help Brydges in contacting a lawyer when he first asked about Legal Aid. Thus, it was held that the police violated Brydges' right to counsel under section 10(b) of the Charter, and that the statements he made in the interrogation should be excluded under section 24(2)
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On appeal, the Court set aside the verdict and ordered a new trial.
The issue before the Supreme Court was whether there was a violation of section 10(b).
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Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
decision on the right to retain and instruct counsel under section 10(b)
Section Ten of the Canadian Charter of Rights and Freedoms
Section Ten of the Canadian Charter of Rights and Freedoms specifies rights upon arrest or detention, including the rights to consult a lawyer and the right to habeas corpus. As a part of a broader range of legal rights guaranteed by the Charter, section 10 rights may be limited by the Oakes test...
of the Canadian Charter of Rights and Freedoms
Canadian Charter of Rights and Freedoms
The Canadian Charter of Rights and Freedoms is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982...
. The Court held that the right imposed a duty upon the police to provide information and access to a legal aid lawyer if needed. From this case came the term "Brydges Counsel" to refer to legal aid lawyers that assist recently arrested individuals.
Background
William Brydges was arrested in Manitoba in relation to a murder in Edmonton. Upon arriving at the police station Brydges was informed of his right to retain and instruct counsel and gave him the opportunity to contact a lawyer. He was put in an interview room and again was given another chance to contact a lawyer. Brydges asked one of the officers if Manitoba had a Legal AidLegal aid
Legal aid is the provision of assistance to people otherwise unable to afford legal representation and access to the court system. Legal aid is regarded as central in providing access to justice by ensuring equality before the law, the right to counsel and the right to a fair trial.A number of...
service as he could not afford a private lawyer. The officer said that he believed so and asked Brydges if he had a reason to contact one. Brydges replied "Not right now, no". After some time in interrogation the accused asked for a Legal Aid lawyer. Once he got in touch with one he was advised not to say anything.
At trial, the judge found that Brydges had made a request for a lawyer at the beginning of the questioning, and that the police did not adequately help Brydges in contacting a lawyer when he first asked about Legal Aid. Thus, it was held that the police violated Brydges' right to counsel under section 10(b) of the Charter, and that the statements he made in the interrogation should be excluded under section 24(2)
Section Twenty-four of the Canadian Charter of Rights and Freedoms
Section Twenty-four of the Canadian Charter of Rights and Freedoms provides for remedies available to those whose Charter rights are shown to be violated...
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On appeal, the Court set aside the verdict and ordered a new trial.
The issue before the Supreme Court was whether there was a violation of section 10(b).
Opinion of the Court
In a four to three decision, the Court held that there was a violation of section 10(b). Lamer, writing for the majority, held that the police have both a duty to inform an accused of their right as well as provide sufficient information on obtaining a duty counselDuty counsel
In Ontario, Canada a duty counsel is a lawyer paid by Legal Aid Ontario who provides limited legal services in criminal, family law and child protection matters to people who arrive at court without representation, mainly in the Ontario Court of Justice....
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