''R v Brydges'',

990 Year 990 ( CMXC) was a common year starting on Wednesday (link will display the full calendar) of the Julian calendar. Events By place Europe * Al-Mansur, ''de facto'' ruler of Al-Andalus, conquers the Castle of Montemor-o-Velho (mode ...

1 S.C.R. 190 is a leading

Supreme Court of Canada The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of Canada. It comprises List of Justices of the Supreme Court of Canada, nine justices, wh ...

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 A lawyer is a person who practices law. The role of a lawyer varies greatly across different legal jurisdictions. A lawyer can be classified as an advocate, attorney, barrister, canon lawyer, civil law notary, counsel, counselor, solic ...

if needed. From this case came the term "Brydges Counsel" to refer to legal aid lawyers that assist recently arrested individuals.

Background

William Brydges William Brydges was a Canadian man whose arrest for murder resulted in the leading Supreme Court of Canada case '' R v Brydges'' on the right of a detainee to access duty counsel. His case was a Canadian precedent, and created significant contro ...

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 Aid Legal aid is the provision of assistance to people who are 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 co ...

service. The officer said that he imagined so, to which Brydges replied "won't be able to afford anyone, hey? That's the main thing." The officer asked Brydges if he had a reason to contact a lawyer. 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). 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 advice from

duty counsel A duty solicitor, duty counsel, or duty lawyer, is a solicitor whose services are available to a person either suspected of, or charged with, a criminal offence free of charge, if that person does not have access to a solicitor of their own and u ...

External links

* {{DEFAULTSORT:Brydges Canadian criminal procedure case law Canadian Charter of Rights and Freedoms case law Supreme Court of Canada cases 1990 in Canadian case law

Background

Opinion of the Court

See also

External links