R. v. Prosper

Posted March 4, 2016

[1994] 3 S.C.R. 236; The issue on this criminal appeal was the scope of protection afforded by the 10(b) Charter right and whether, in particular, it included a constitutional right to duty counsel on detention or arrest. The Supreme Court held that while the 10(b) right includes informational and implementational duties on the government, it did not impose a substantive constitutional obligation to ensure that duty counsel is available upon arrest or detention to provide free and immediate legal advice upon request.