R v Sinclair

R. v. Sinclair

2010 SCC 35, [2010] 2 SCR 310
Supreme Court of Canada — McLachlin C.J. and Charron J. (majority) | October 8, 2010

Background

Trent Sinclair was arrested for second-degree murder in the killing of Gary Grice. After his arrest, he spoke with his lawyer Victor Janicki twice by phone for about three minutes each time. Hours later, RCMP Sergeant Skrine began a five-hour interrogation. During this marathon session, Sinclair repeatedly asked to speak with his lawyer again — at least five times — but was refused. The officer told him he'd already exercised his right to counsel and didn't need another consultation. Eventually, Sinclair confessed to the killing.

Sinclair argued his Charter section 10(b) right to counsel was violated because he should have been allowed additional consultations with his lawyer during the lengthy interrogation. The trial judge disagreed, finding no Charter breach, and admitted the confession. Sinclair was convicted of manslaughter.

Issues

1. Does section 10(b) of the Charter guarantee ongoing access to counsel during police interrogation?
2. When, if ever, must police allow a second consultation with a lawyer?

The Limits of the Right to Counsel

The Supreme Court majority ruled that section 10(b) does not give detainees an unlimited right to call their lawyer whenever they want during questioning. The right to "retain and instruct counsel" is generally satisfied by one proper consultation at the beginning of detention, before interrogation starts.

However, the Court recognized limited exceptions where a second consultation might be required: when there are new procedures (like a lineup), a change in jeopardy (new, more serious charges), or reason to believe the detainee didn't understand their initial legal advice. Simply asking to speak with a lawyer again isn't enough — there must be objectively changed circumstances that make the original advice inadequate.

The Court was particularly concerned about giving detainees a "trump card" to shut down police questioning whenever they felt like talking to their lawyer. Four dissenting justices strongly disagreed, arguing this approach effectively creates a police right to uninterrupted interrogation until confession.

Key Takeaway

Your right to counsel is frontloaded — make that first call count.

If you're arrested, you generally get one meaningful opportunity to speak with a lawyer before questioning begins. Use it wisely, because you likely won't get another chance unless circumstances significantly change. While this case involved criminal charges, the principle applies broadly to Charter rights in detention situations.