Right to counsel

Right to counsel means a defendant has a right to have the assistance of counsel (i.e., lawyers), and if the defendant cannot afford a lawyer, requires that the government appoint one or pay the defendant's legal expenses. The right to counsel is generally regarded as a constituent of the right to a fair trial. Historically, however, not all countries have always recognized the right to counsel. The right is often included in national constitutions. 153 of the 194 constitutions currently in force have language to this effect (see the specific language in the 153 constitutions here);

In Canada

The right to counsel is guaranteed under Section Ten of the Canadian Charter of Rights and Freedoms upon "arrest and detention", as well as the right to habeas corpus. However, there is no right to counsel during a criminal trial, except in specific situations.

In October 2010, the Supreme Court of Canada ruled that the right to counsel during interrogation is not absolute in Canada. It said that importing US-style Miranda Rights was not in the interests of Canada. The ruling was a bare majority ruling, with a strenuously voiced minority opinion stating that it would lead to more false confessions and bad convictions.