A police officer stops you on the street, knocks on your door, or asks you to "come down to the station to clear things up." For many newcomers, international students, and workers, the instinct is to be cooperative and explain everything, especially if English is not your first language and you are worried about seeming rude. Being polite is always the right choice. But the most important rights you have in that moment come from the Canadian Charter of Rights and Freedoms, and you should understand them before you say a word about what happened.
Section 10 of the Charter says that everyone has the right on arrest or detention:
You may not be under arrest and still be "detained." If an officer is holding you and you do not feel free to leave, ask directly: "Am I being detained? Am I free to go?" The answer tells you which rights apply.
The federal Department of Justice's Charter guidance explains that section 10(b) puts real duties on police:
The rules are modified at roadside traffic stops. For example, in impaired-driving investigations police may ask certain questions and conduct roadside tests before the right to counsel is given. Say clearly and early: "I want to speak to a lawyer."
Section 7 of the Charter protects the right to life, liberty and security of the person, and the right not to be deprived of them except in accordance with the principles of fundamental justice. Courts have recognized that this includes a right to silence before trial. A detained person must be able to make a free choice about whether to speak to the authorities.
In practice, choosing silence means saying something like: "I don't want to make a statement. I want to speak to a lawyer." Then stop talking about the incident. Saying it once does not always end the conversation, and many people end up talking simply because the silence feels awkward. Hold to your choice. Your silence is a right, not a sign of guilt.
Section 8 gives everyone the right to be secure against unreasonable search or seizure. If an officer asks for permission to search your phone, bag, car, or home, you can say politely that you do not consent. Do not physically resist, even if you believe a search is unlawful. Whether a search was reasonable is for a court to decide later, and evidence obtained by breaching your Charter rights can, in some cases, be excluded at trial under section 24(2).
Section 14 gives a party or witness who does not understand or speak the language of the proceedings the right to the assistance of an interpreter. Even at the police stage, the Department of Justice notes that where a detainee does not speak English or French well, police must make sure the right-to-counsel warning was actually understood. They cannot rely on a "mechanical recitation." If you do not fully understand, say so, and ask for an interpreter or a lawyer who speaks your language.
Most people who talk to police believe they are clearing up a misunderstanding. In reality:
Do:
Don't:
This article is general information only and is not legal advice. Every case turns on its own facts.
If you have been questioned, detained, or charged, the steps you take next matter. At WP Legal Professional, our licensed paralegals defend summary conviction charges in courts across the Greater Toronto Area and can review whether your Charter rights were respected, in English, Cantonese, Mandarin, and Korean. Learn more about our criminal charge defence services.
Act now. Contact us for a confidential consultation.
