How many times can York Regional Police deny you a lawyer? |Video upload date:  · Duration: PT21S  · Language: EN

Concise look at York Regional Police denial of access to counsel and practical steps to protect the right to a lawyer during detention

Yes this clip exists and yes the officer said no multiple times while the person kept asking for a lawyer. If that makes you want to scream into a pillow you are not alone. This is about access to lawyer rights and how repeated police denial can mess with the rest of a case.

Quick legal reality check

Under the Canadian Charter section 10(b) everyone who is detained must be told they have the right to retain and instruct counsel and must be given a reasonable opportunity to contact a lawyer. The Supreme Court in R v Brydges requires police to offer duty counsel when a private lawyer is not reachable. Repeated refusals to allow contact can be treated by courts as a breach of that right and can affect whether any statements are admitted in court.

What to say and do when police deny your lawyer

  • Say the words I want a lawyer and then shut up. Clear direct words help later in court.
  • If no private lawyer is on the line ask for duty counsel right away. Duty counsel is what the courts expect police to offer under R v Brydges.
  • Note times names exact wording and who denied you access. If you can get a bystander to timestamp that is even better.
  • Ask to speak to a supervising officer if denials keep happening. Record the request if possible.
  • Tell your lawyer about every denial and ask about a Charter remedy. That is the tool defence counsel uses if your right was violated.

How courts decide if your right was respected

Courts look at whether police gave a reasonable opportunity to contact counsel not whether an officer was polite. A brief safety or investigative pause may be allowed but multiple refusals raise the question of whether any real reason existed. Clear requests and good documentation make it much easier for a defence lawyer to challenge police denial or police misconduct.

Practical tips for surviving the interaction

Keep a mental log or ask someone to note timestamps and what was said. If a phone is available insist on calling duty counsel and repeat I want to speak to a lawyer every time you are blocked. If you are recording in a jurisdiction where that is legal then record. If not try to get names badge numbers and the time of refusals written down.

Key takeaway

Police must allow access to counsel unless there is a narrow safety or investigative window that justifies a short delay. Multiple refusals look bad for the prosecution and can lead to a Charter remedy that excludes evidence. In short document everything demand duty counsel and tell your lawyer about every denial because those small details are how a Judge will figure out if your Charter rights were real or just words on a poster.

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