E/CN.4/2006/7/Add.2 page 8 18. In addition to legal aid programmes, duty counsel programmes provide another important tool to assist unrepresented accused persons. Duty counsel lawyers are assigned to courts to assist clients who do not have a lawyer with them in the courtroom. In the criminal courts, duty counsel advise clients of the right to plead guilty or not guilty, help them apply for bail or ask for an adjournment. Duty counsel can sometimes represent clients at bail hearings, pleas of guilty and sentencing. Both law societies and legal aid programmes provide duty counsel services. B. Legal framework of detention 1. International instruments ratified by Canada 19. Canada has ratified all major international human rights treaties, except for the Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. 2. The Canadian Charter of Rights and Freedoms 20. Most relevant to the legal framework of detention are sections 7, 9, 10 and 11 of the Canadian Charter of Rights and Freedoms (the Charter). Section 7 reads: “Everyone has the right to life, liberty and security of the person, and the right not to be deprived thereof except in accordance with the principles of fundamental justice”. Section 9 provides that “Everyone has the right not to be arbitrarily detained or imprisoned”. Section 10 sets forth the rights everyone enjoys on arrest or detention (the right to be informed of the reasons for detention, to counsel and to habeas corpus proceedings). Section 11 lists the rights of persons charged with an offence. These Charter rights are recognized to “everyone”, not only to Canadian citizens and persons legally present in Canada. 3. Detention in the context of criminal proceedings (a) Custody before sentence 21. When the police arrest or detain an individual, they must explain the reasons for the arrest or detention and the specific charge, if one is being made. They must also without delay inform the detainee that he has the right to consult a lawyer and about legal aid services available in the province. 22. If the police deem that the person detained on suspicion of having committed an offence should be kept in custody pending investigation and criminal proceedings, they have to bring that person before a bail court as soon as possible (usually within 24 hours). In bail court, Crown counsel will have to provide arguments why the suspect should be kept in custody, he will have to “show cause” for continued detention. The prosecutor can apply to adjourn a show cause hearing for up to three days. Longer adjournments may be requested with the consent of the accused. 23. The Criminal Code of Canada (sect. 515 (10)) provides three grounds upon which detention may be ordered before and during trial: (a) ensuring the accused’s attendance in court; (b) protection and safety of the public, which includes the safety of victims and witnesses, as well as the likelihood that the accused will, if released from custody, interfere with the administration of justice by destroying evidence or coercing witnesses; and (c) maintenance of