You must immediately be given the opportunity to have a confidential phone call to your lawyer. You are also entitled to other calls to follow up with your lawyer.

Unfortunately, the right to counsel, especially regarding incidents that take place in prison, continues to be interfered with in Canada. On two separate occasions, as recently as April and November 2006, federally-sentenced women in Canada were denied their right to counsel.¹⁰⁷ While the Arbour Commission went as far as to recommend that some form of sanction be placed on those who fail to comply with a prisoner’s right to counsel, the recommendation hasn’t been implemented. For this reason you must be aware of and exercise your right to counsel, and prison staff must also be aware of their duties regarding this important right.

Are my communications with my lawyer private?
Yes. What you and your lawyer say to each other during visits cannot legally be monitored. Likewise, mail that goes in or out and is between you and your lawyer should not be read. You also have a right to confidential phone calls with your lawyer, but there are certain limits placed on your access to the designated phone line on which these take place.

It is important to note that while all communication between you and your lawyer is supposed to be confidential, there is no guarantee that calls made on the Millennium phone systems will not be monitored.

What can I do if my rights with respect to legal counsel are infringed?
If you are being denied rights to which you are entitled you can file a grievance. For more information on how and when to file a grievance please refer to the Remedies chapter. You should also let the Correctional Investigator know about this.