section 83.28(11)

INTRODUCTION AND BRIEF DESCRIPTION

Defendants have the right to retain and instruct counsel at any point in criminal proceedings.

SECTION WORDING

83.28(11) A person has the right to retain and instruct counsel at any stage of the proceedings.

EXPLANATION

Section 83.28(11) of the Criminal Code of Canada lays down a critical right for an individual who is charged with an offence under the Anti-terrorism Act. This section guarantees the right of an accused person to retain and instruct counsel at any stage of the proceedings. When charged under this Act, an individual has the right to legal representation, which ensures that their rights are protected and that they receive a fair trial. The Criminal Code of Canada recognizes that the decision to retain counsel is a fundamental aspect of an individual's right to a fair trial. The right to legal representation ensures that an accused person can understand and effectively participate in the legal process. Moreover, the accused will have access to legal advice and support, which can be instrumental in the development of a well-crafted and successful defence strategy. The Anti-terrorism Act of Canada deals with charges that are generally complex and technical, often involving a vast amount of evidence and complicated legal concepts. In such circumstances, legal representation can help to ensure that an accused person's rights and interests are protected. Given the seriousness of the charges under the Anti-terrorism Act, it becomes imperative that an individual charged under the Act is represented by competent legal counsel. In conclusion, Section 83.28(11) of the Criminal Code of Canada is essential in ensuring that an individual charged under the Anti-terrorism Act has the right to legal representation, which is fundamental in ensuring the accused's right to a fair trial. This section recognizes that no accused person should have to face charges under this Act without competent legal representation, and it is this right that Section 83.28(11) of the Criminal Code of Canada guarantees.

COMMENTARY

Section 83.28(11) of the Criminal Code of Canada is an important provision that guarantees the right of a person to retain and instruct counsel at any stage of the proceedings. This provision is a fundamental aspect of the Canadian justice system that protects the rights of the accused and ensures a fair trial. The right to counsel is a fundamental principle of justice. It is crucial to the idea of a fair trial that an accused person is entitled to have the assistance of counsel. Counsel helps ensure that the accused person's rights are protected, that all relevant information is presented, and that the law is properly applied. Without the assistance of counsel, an accused person might not fully understand the nature of the charges against them, their rights under the law, or what evidence might be presented against them. Section 83.28(11) of the Criminal Code is particularly important in the context of terrorism-related offences. These offences often involve very complex legal issues and are often prosecuted vigorously by law enforcement agencies. The accused person may be subjected to intense scrutiny, and it is crucial that they have access to competent legal representation at all stages of the proceedings. Having access to counsel means that an accused person can get advice about their legal options, help in preparing their defence, and assistance in navigating the complex legal system. Counsel can also help protect the rights of the accused by ensuring that any evidence used against them is obtained legally and that any statements made to the police or other authorities are properly recorded and presented. Section 83.28(11) of the Criminal Code also guarantees that the right to counsel is not limited to any particular stage of the proceedings. It ensures that an accused person can access representation at any time from the moment they are charged, through to the trial process and even after the trial has concluded. This provision is important because it means that the accused person can obtain legal advice and support throughout the entire process, which can be very long and complex. In conclusion, Section 83.28(11) of the Criminal Code of Canada is a crucial provision that protects the rights of persons accused of terrorism-related offences. This provision ensures that the right to counsel is a fundamental principle of justice that guarantees the fair trial of all accused persons. The right to access legal representation at any stage of the proceeding is an important guarantee that guarantees fairness and access to justice for all accused persons, which is a cornerstone of the Canadian justice system.

STRATEGY

Section 83.28(11) of the Criminal Code of Canada is a vital provision that grants the right to retain and instruct counsel to an individual who is facing terrorism-related charges. This provision is a crucial safeguard for an accused person's fundamental rights to a fair trial, due process, and access to justice. As such, it is essential that lawyers dealing with terrorism cases are aware of the strategic considerations that may arise when dealing with this provision and the strategies that can be employed. The right to retain and instruct counsel is a cornerstone of the Canadian legal system. It plays an essential role in ensuring that an accused person has access to legal representation and support throughout the criminal process. When dealing with Section 83.28(11) of the Criminal Code of Canada, lawyers must consider several strategic factors. One of the primary strategic considerations when dealing with this section is ensuring that the accused person is aware of their right to counsel. This includes informing them of their right to legal representation when they are arrested, during police questioning, and at any subsequent stage of the process. Lawyers must also ensure that the accused person understands the importance of this right and the potential consequences of waiving it. Another strategic consideration when dealing with Section 83.28(11) is the timing of legal representation. A lawyer should be retained as soon as possible in the proceedings to ensure that they can provide legal guidance and support throughout the entire process. This may include advising the accused person on their options, reviewing evidence, and presenting a strong defence. A related strategic consideration is whether to retain a lawyer who specializes in terrorism cases. These lawyers have the expertise and experience to navigate the complexities of terrorism-related charges, including the specific provisions of Section 83.28(11). Retaining a specialist lawyer may offer the accused person the best chance of a successful defence. The use of legal aid is another strategic consideration when dealing with Section 83.28(11). Legal aid provides financial assistance to those who are unable to afford a lawyer. Some accused persons may be eligible for legal aid, while others may need to explore other options for financing their legal defence. The language barrier may also be a strategic consideration when dealing with Section 83.28(11). Some accused persons may not be fluent in English or French, which could impact their understanding of their right to legal representation. In these cases, lawyers may need to consider hiring interpreters or translators to ensure that the accused person is fully aware of their options and can make informed decisions. In conclusion, Section 83.28(11) of the Criminal Code of Canada is a vital provision that grants the right to retain and instruct counsel to an individual who is facing terrorism-related charges. Lawyers dealing with terrorism cases must consider several strategic factors when dealing with this provision, including informing the accused of their right to counsel, the timing of legal representation, the expertise of their legal counsel, and the financial implications of their defence. By considering these factors, a lawyer can provide a strong defence and help their client navigate the complexities of the criminal justice system.