arrest-rights

What Happens When Police Call Your Lawyer For You

If you ever find yourself in the back of a police cruiser, a recent court case called R. v. Belliard highlights a mistake the police made that could happen to anyone.

Imagine you are driving through a roadblock and the officer asks you to blow into a roadside screening device. You blow a “FAIL,” and suddenly you are under arrest and being taken to the station for more testing. This is exactly what happened to Mr. Belliard, but the way the police handled his right to a lawyer ended up being a significant violation of his constitutional rights.

So what are your rights when it comes to accessing a lawyer from police custody?

What Happens When Police Call Your Lawyer For You Read More »

Can You Call a Friend to Get a Lawyer’s Name If You Are Arrested?

When an individual is detained or arrested, the Charter provides a person the opportunity to retain and instruct counsel without delay. That means any lawyer you want.

But what if you don’t know any lawyers? Should a person have a right to call a third party to get the name of a lawyer or a referral while they are in custody?

While this right is a cornerstone of the justice system, the recent Ontario Superior Court of Justice ruling in R. v. Rai 2026 ONSC 567 shows where that shield begins and ends. The case specifically looks at Section 10(b) of the Charter, exploring whether a the right to contact a lawyer includes a constitutionally protected right to have a private conversation with a non-lawyer third party to obtain legal contact information.

Can You Call a Friend to Get a Lawyer’s Name If You Are Arrested? Read More »

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