Know Your Rights*

If arrested or detained as s suspect in a criminal investigation, NEVER give the police any information except your name, address and date of birth, and NEVER agree to allow the police to search you, your belongings, or your residence until you have spoken to a lawyer.

These are your rights

Fortunately, most of us do not find ourselves being investigated by the police or charged with offences. For those that do however, it can be a very unpleasant experience. Often, people who have not had previous contact with the criminal justice system are unclear as to what their rights and obligations are when being detained or arrested by the police. This article provides some basic information about the rights which each individual enjoys under our legal system. However, it is in no way a substitute for specific legal advice, and if you have been charged or detained, you should speak with a lawyer immediately.

Every person in Canada has the right not to be imprisoned or detained by the police unless their is a valid reason for doing so. For example, randomly pulling over a driver to ensure that their license and registration is in order constitutes a valid reason as does the conduct of a Checkstop. On the other hand, pulling over a vehicle at random without any basis for suspicion and then searching the vehicle for drugs or stolen property does not constitute a valid reason. Of course there are exceptions for every case.

If you are arrested or detained by the police, you have the right to be told the reason for the arrest. You must be told that you have the right to contact a lawyer without delay and be given the opportunity to do so. This does not necessarily mean that the police who arrest a motorist must provide them with a cellular telephone to contact a lawyer, but it does mean that upon arriving at the police station, they must give the person a chance to contact a lawyer without further delay. The opportunity to contact a lawyer must be provided in a meaningful way. In other words, if you are under arrest, you should be provided with a private room and a telephone to contact a lawyer. In addition, if you do not know a criminal lawyer, you should be given a list of several lawyer's phone numbers. If you have difficulty with the English language, a translator must be provided so that you can effectively communicate with your lawyer.

If arrested, you have the right not to give a statement. This means that you do not have to write a statement, answer questions about the alleged offence, or be video or audio-taped. In general, if you are arrested or detained by the police, you must provide them with your name, date of birth and address. You are under no obligation to provide any other information. It is strongly advised that any person who is arrested or detained take advantage of this right and not provide information, written or verbal, regarding the alleged offence. If it becomes necessary at some point to provide a statement, this should only be done on the advice of a lawyer and with a lawyer present.

Police cannot simply search your person (ie: Clothing), vehicle or residence, unless they have a warrant to do so. Under no circumstances should you consent to having your vehicle, residence or person searched. It is important that if the police insist on a search, that you clearly tell them that you are not consenting. However, you should never try to physically interfere with a search as this may bring about a physical confrontation with the police.

It is important for you to be aware of your right in the event of arrest or detention. However, if you find yourself in such a situation, it is imperative that you contact a lawyer who practices criminal law at the earliest opportunity so that your rights are not prejudiced.

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