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A Review of Brydges Duty Counsel Services in Canada

Simon Verdun-Jones

The views expressed in this report are those of the authors and do not necessarily reflect the views of the Department of Justice Canada.

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TABLE OF CONTENTS

  1. EXECUTIVE SUMMARY
  2. 1. INTRODUCTION
  3. 2. THE BRYDGES DECISION AND THE RIGHT TO COUNSEL: A REVIEW OF THE CASE LAW
    1. 2.1 Introduction: The Brydges Decision
    2. 2.2 Subsequent Decisions Of The Supreme Court Of Canada
    3. 2.3 Decisions Of The Provincial Appellate Courts
  4. 3. THE MIRANDA CAUTION IN THE UNITED STATES: AMERICAN EXPERIENCE WITH THE MODEL ADOPTED BY THE SUPREME COURT OF CANADA IN THE BRYDGES CASE
    1. 3.1 Introduction
    2. 3.2 The Miranda Decision
    3. 3.3 The Miranda Requirements As Constitutional Imperatives
    4. 3.4 Differences Between The Canadian And U.S. Jurisprudence
    5. 3.5 Miranda And Clarifying Questions About The Waiver Of The Right To Counsel
    6. 3.6 Impact Of Miranda On Law Enforcement
  5. 4. THE CAPACITY OF AN ARRESTED OR DETAINED SUSPECT TO UNDERSTAND THE CONTENTS OF A POLICE CAUTION
    1. 4.1 Introduction
    2. 4.2 The Canadian Jurisprudence
    3. 4.3 Review Of The Empirical Literature
  6. 5. THE DUTY SOLICITOR SCHEME IN ENGLAND AND WALES: AN ALTERNATIVE MODEL FOR DELIVERING LEGAL ADVICE AND ASSISTANCE TO SUSPECTS IN POLICE CUSTODY
    1. 5.1 Introduction
    2. 5.2 Description Of The Duty Solicitor Scheme In England And Wales
    3. 5.3 Empirical Research and the Duty Solicitor Scheme
  7. 6. METHODOLOGY
    1. 6.1 Procedure
    2. 6.2 The Two Phases Of The Project
    3. 6.3 The Respondents
    4. 6.4 Selection of the Respondents
    5. 6.5 Statistical Analysis
    6. 6.6 Ethics Approval
  8. 7. MAJOR FINDINGS OF THE RESEARCH PROJECT
    1. 7.1 Positive Views Concerning Brydges Services
    2. 7.2 Gaps/Disadvantages In The Delivery Of Brydges Services
    3. 7.3 Impact Of Gaps/Disadvantages
    4. 7.4 Suggestions And Alternatives
    5. 7.5 Apparent Discrepancies Between The Perspectives Of In-Custody Accused Persons And Police Officers - Tentative Findings
  9. 8. DISCUSSION AND CONCLUSIONS
    1. 8.1 Impact Of The Brydges Case On Provincial Legal Aid Services
    2. 8.2 The Impact Of The Brydges Caution On Police Officers
    3. 8.3 The Impact Of Brydges Services On Arrested Or Detained Suspects
    4. 8.4 The Need To Ensure Continuity In The Delivery Of Legal Aid Services
    5. 8.5 The Need To Enhance The Levels Of Funding For Legal Aid Services
    6. 8.6 Resolving The Problem Of Language
    7. 8.7 Education And Training
    8. 8.8 Alternative Models For The Delivery Of Brydges Services<</a>/li>
    9. 8.9 Potential Obstacles To Change
    10. 8.10 The Model Implemented In England And Wales For Delivery Of 24-Hour Legal Aid Services
    11. 8.11 Conveying Information About Charter Rights To Suspects In Custody
  10. 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

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