R v Therens
Supreme Court of Canada decision / From Wikipedia, the free encyclopedia
R v Therens [1985] 1 S.C.R. 613 is an early Supreme Court of Canada decision on an accused's right to retain and instruct counsel without delay under section 10(b) of the Canadian Charter of Rights and Freedoms. The Court held that when a person was detained for the purpose of giving a breath sample under section 235(1) of the Criminal Code, they have the right to consult counsel. Since the police did not allow the accused to do so, they violated the accused's right to retain counsel. The Court ruled that the evidence was properly excluded.
Quick Facts R v Therens, Court ...
R v Therens | |
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Court | Supreme Court of Canada |
Decided | [1985] 1 S.C.R. 613 |
Citation(s) | [1985] 1 S.C.R. 613 |
Case opinions | |
When a person was detained for the purpose of giving a breath sample under section 235(1) of the Criminal Code, they have the right to consult counsel. Failure to allow this violates the accused's right to retain counsel. |
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