Xaidsart partner Scott Hutchison contributed his choice for the Charter Case of the Decade, published in For the Defence magazine, the publication of the Criminal Lawyers’ Association. Adopting the spirit of Time magazine’s “Person of the Year” selection, Scott nominated R. v. Sinclair, in which the Supreme Court of Canada concluded that a six-minute telephone call with a lawyer was adequate to discharge the accused’s right to counsel, and that the investigating police did not violate section 10(b) of the Charter by continuing to interrogate the accused for over five hours, despite his repeated requests to speak to counsel at greater length. To read the article, click here.
