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Recent Supreme Court of Canada rulings on criminal defendants' right to counsel

Lookup NU author(s): Dr Nicole Adams-Quackenbush

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Abstract

The Supreme Court of Canada recently issued a trilogy of decisions pertaining to suspects' right to legal representation. These rulings further a major difference between the US and Canadian law: Canadian criminal suspects have far less access to legal counsel than suspects in the USA. This paper summarizes these decisions and draws comparisons between Canadian and the US criminal procedure with respect to a suspect's rights to legal representation. We present preliminary data on Canadian citizens' misunderstanding of criminal suspects' right to counsel and also Canadian legal professionals' opinions about the right to counsel. We recommend empirical investigation of the hypothesis that Canadian suspects are more likely than the US suspects to make false confessions. interrogation, confession, right to lawyer, law


Publication metadata

Author(s): Patry MW, Smith SM, Adams N

Publication type: Article

Publication status: Published

Journal: Psychology, Crime & Law

Year: 2014

Volume: 20

Issue: 8

Pages: 741-755

Print publication date: 22/08/2014

Online publication date: 15/11/2013

Acceptance date: 18/09/2013

ISSN (print): 1068-316X

ISSN (electronic): 1477-2744

Publisher: Taylor & Francis

URL: https://doi.org/10.1080/1068316X.2013.854795

DOI: 10.1080/1068316X.2013.854795


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