May Canadian Column: Right to Counsel: making a
Written By:
Reid
Jun 01, 2007
I. The issue: split interrogation
On May 8, 2007, the Ontario Court of Appeal released a decision in R.v. Lewis (2007) that will be explain in a three-part series. The central issues is a split interrogation, referring to a questioning process divided into two parts by a lawyer consultation that occurs during the interrogation. The first part of the interrogation is the pre-consultation questioning, where the accused invokes his/her right to counsel (RTC) and questioning begins without providing the accused with a reasonable opportunity to consult with a lawyer, resulting in a section 10(b) Charter violation. The second part is the post-consultation questioning referring to the interrogation that resumes after the accused exercises the RTC.
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On May 8, 2007, the Ontario Court of Appeal released a decision in R.v. Lewis (2007) that will be explain in a three-part series. The central issues is a split interrogation, referring to a questioning process divided into two parts by a lawyer consultation that occurs during the interrogation. The first part of the interrogation is the pre-consultation questioning, where the accused invokes his/her right to counsel (RTC) and questioning begins without providing the accused with a reasonable opportunity to consult with a lawyer, resulting in a section 10(b) Charter violation. The second part is the post-consultation questioning referring to the interrogation that resumes after the accused exercises the RTC.