r-v-rai

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.

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