Legal Issues In Policing

E104| Delaying the right to counsel. Routine practice or reasonable postponement?

Season 4

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In this episode, Mike discusses the Alberta Court of King's Bench decision R. v. Tierney, 2025 ABKB 223 where police delayed providing a man access to counsel for more than 16 hours after his arrest, claiming it was justified while seeking a search warrant for fear evidence might be destroyed. The police also failed to bring the man before a justice, waiting about 33 hours to do so. How did the judge feel about these delays after Crown conceded Charter breaches. Was evidence supporting serious charges excluded? This case provides a good summary of the case law and things a police officer needs to think about if delaying access to counsel.  

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