A Review of Brydges Duty Counsel Services in Canada

• Previous Page

Table of Contents

• EXECUTIVE SUMMARY
• 1. INTRODUCTION
• 2. THE BRYDGES DECISION AND THE RIGHT TO COUNSEL: A REVIEW OF THE CASE LAW
  • 2.1 Introduction: The Brydges Decision
  • 2.2 Subsequent Decisions of the Supreme Court of Canada
  • 2.3 Decisions of the Provincial Appellate Courts
• 3. THE MIRANDA CAUTION IN THE UNITED STATES: AMERICAN EXPERIENCE WITH THE MODEL ADOPTED BY THE SUPREME COURT OF CANADA IN THE BRYDGES CASE
  • 3.1 Introduction
  • 3.2 The Miranda Decision
  • 3.3 The Miranda Requirements as Constitutional Imperatives
  • 3.4 Differences Between the Canadian and U.S. Jurisprudence
  • 3.5 Miranda and Clarifying Questions about the Waiver of the Right to Counsel
  • 3.6 Impact of Miranda on Law Enforcement
• 4. THE CAPACITY OF AN ARRESTED OR DETAINED SUSPECT TO UNDERSTAND THE CONTENTS OF A POLICE CAUTION
  • 4.1 Introduction
  • 4.2 The Canadian Jurisprudence
  • 4.3 Review of the Empirical Literature
• 5. THE DUTY SOLICITOR SCHEME IN ENGLAND AND WALES: AN ALTERNATIVE MODEL FOR DELIVERING LEGAL ADVICE AND ASSISTANCE TO SUSPECTS IN POLICE CUSTODY
  • 5.1 Introduction
  • 5.2 Description of the Duty Solicitor Scheme in England and Wales
  • 5.3 Empirical Research and the Duty Solicitor Scheme
• 6. METHODOLOGY
  • 6.1 Procedure
  • 6.2 The Two Phases of the Project
  • 6.3 The Respondents
  • 6.4 Selection of the Respondents
  • 6.5 Statistical Analysis
  • 6.6 Ethics Approval
• 7. MAJOR FINDINGS OF THE RESEARCH PROJECT
  • 7.1 Positive Views Concerning Brydges Services
  • 7.2 Gaps/Disadvantages in the Delivery of Brydges Services
  • 7.3 Impact of Gaps/Disadvantages
  • 7.4 Suggestions and Alternatives
  • 7.5 Apparent Discrepancies Between the Perspectives of in -Custody Accused Persons and Police Officers - Tentative Findings
• 8. DISCUSSION AND CONCLUSIONS
  • 8.1 Impact of the Brydges Case on Provincial Legal Aid Services
  • 8.2 The Impact of the Brydges Caution on Police Officers
  • 8.3 The Impact of Brydges Services on Arrested or Detained Suspects
  • 8.4 The Need to Ensure Continuity in the Delivery of Legal Aid Services
  • 8.5 The Need to Enhance the Levels of Funding for Legal Aid Services
  • 8.6 Resolving the Problem of Language
  • 8.7 Education and Training
  • 8.8 Alternative Models for the Delivery of Brydges Services
  • 8.9 Potential Obstacles to Change
  • 8.10 The Model Implemented in England and Wales for Delivery of 24-Hour Legal Aid Services
  • 8.11 Conveying information about Charter Rights to Suspects in Custody
• REFERENCES

Tables

• Table 1 - Summary of the Review of the Case Law: Supreme Court Cases
• Table 2 - Summary of the Review of the Case Law: Appellate Court Cases
• Table 3 - Participants of this Project during Phase I
• Table 4 - Participants of this Project during Phase II
• Table 5 - Advantages of Brydges Services
• Table 6 - Gaps/Disadvantages of Brydges Services
• Table 7 - Impact of Gaps/Disadvantages of Brydges Services
• Table 8 - Suggestions/Alternatives
• Table 9 - The provision of Brydges Services: A Provincial Outlook

Appendices

• Appendix A - Summary of Major Findings
• Appendix B - Informed Consent by Subjects to Participate in a Research Project or Experiment
• Appendix C - Information Sheet for Participants
• Appendix D - Subject Feedback Form