Charter rights? delay to immediate legal advice?

If you are arrested and it takes almost an hour and 20 minutes to get in contact with a lawyer while you're at the police station because it's late at night (even after many attempts and calls to legal aid in your province (Alberta) and other provinces because the Alberta line directs you to call the BC line since no one is answering), would this be considered as "immediate legal advice" as described in the Charter?

Asked over 2 years ago in Alberta
Categories: DUI  Criminal Law

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Caryma Sa'd

Answer by Caryma Sa'd

VerifiedOntario lawyer

Upon arrest, once you express your desire to speak to a lawyer or Legal Aid, the police is under an immediate obligation to provide you with an opportunity to exercise your right (gain legal ad\vice). If the opportunity was provided, your Charter rights are not violated.

Feel free to get in touch if you would like to discuss further. Our practice areas include criminal, human rights laws and landlord and tenant board issues. You can call and text me at 647-360-7182. 

Yours very truly,
Caryma Sa'd

Posted over 1 year ago

Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be provided by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation). Contact Caryma Sa'd, or search the Lawyer Directory.

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