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The Charter, Section 10: Arrest or Detention Including Right to Counsel
Last Updated: August 22 2026
Question: When should I request a lawyer after arrest or detention in Ontario?
Answer: DefendCharges.Lawyer can help you understand and protect your right to counsel under Charter of Rights and Freedoms, 1982, c. 11 (Canada) and what to say to police, so you can retain and instruct counsel without delay, be informed promptly of the reasons for arrest or detention, and ask for a reasonable opportunity to consult with a lawyer, including having counsel present during police questioning and in court proceedings; If you are facing charges or a bail hearing in Ontario, contact DefendCharges.Lawyer at (647) 977-5997 for a fast initial review and practical next steps to assess any rights-to-counsel issues.
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Rights to Counsel
The right to counsel is a fundamental right in Canada, and it is important to understand the scope of this right when it comes to accused persons. In Canada, the right to counsel is protected by the Charter of Rights and Freedoms, and it is a cornerstone of the criminal justice system. The right to counsel means that an accused person has the right to be represented by a lawyer of their choice. This right applies to all criminal proceedings, including bail hearings, trials, and appeals. It is important to note that the right to counsel applies even if the accused person cannot afford to pay for a lawyer. In these cases, the accused person has the right to be represented by a lawyer provided by Legal Aid.
Note: Please contact DefendCharges.Lawyer by phone at: (647) 977-5997 to discuss any specific questions that you may have.
Summary of Rights to Counsel
When an individual is arrested or detained, the individual’s right to counsel include::
- the right to be informed of the reason for their arrest or detention;
- the right to be informed of the charges against the accused person, and to be informed of the consequences of those charges;
- the right to be informed of the accused person’s right to remain silent;
- the right to be informed of the right to be represented by a lawyer;
- the right to counsel also includes the right to be provided with a reasonable opportunity to consult with a lawyer;
- the right to have a lawyer present during police questioning;
- the right to have a lawyer present during court proceedings.
The Law
The constitutional right, per The Constitution Act, 1982, Schedule B to the Canada Act 1982 (UK), 1982, Chapter 11, the various legal rights afforded to an accused person on arrest or detention is prescribed at section 10, known as the Charter of Rights and Freedoms, which states:
Arrest or detention (10) Everyone has the right on arrest or detention (a) to be informed promptly of the reasons therefor; (b) to retain and instruct counsel without delay and to be informed of that right; and (c) to have the validity of the detention determined by way of habeas corpus and to be released if the detention is not lawful.
Summary Comment
The right to counsel is an important part of the criminal justice system in Canada, and it is important to understand the scope of this right. The right to counsel is a fundamental right that is protected by the Charter, and it is essential to ensure that accused persons are aware of this right and are able to exercise it. Our experienced criminal lawyers can review your case and advise of any violation of your rights to counsel.
