Being questioned by the police can be a daunting and stressful experience. Whether you’re a witness, suspect, or someone who has been detained, it’s crucial to understand your rights during police questioning in Canada. Failing to exercise your rights or misunderstanding the legal process can have significant consequences, including self-incrimination or unintentional admissions of guilt.
In this detailed guide, we’ll explain your rights during police questioning in Ontario, the limits of police authority, and how you should respond if you find yourself being questioned by law enforcement. We’ll also outline steps you should take to protect yourself during the process.
Understanding Your Rights During Police Questioning
In Canada, the Canadian Charter of Rights and Freedoms grants individuals certain protections during police interactions. These rights are in place to ensure that individuals are treated fairly and that their freedoms are not unlawfully infringed upon. If you are approached or questioned by the police, you have the following rights:
- The Right to Remain Silent
- One of the most important rights you have during police questioning is the right to remain silent. This right means that you are not obligated to answer any questions, whether you are under arrest or simply being questioned as part of an investigation. Anything you say to the police can be used against you in court, so it is generally advisable to exercise your right to silence until you have consulted with a lawyer.
- Exceptions: In certain circumstances, such as during a roadside stop for a suspected impaired driving incident, you may be required to provide your name, address, and proof of identification. However, beyond these basic details, you are not required to answer any other questions.
- The Right to Speak to a Lawyer
- Under Section 10(b) of the Charter, you have the right to speak to a lawyer as soon as you are detained or arrested. This right ensures that you can seek legal advice and understand your legal situation before speaking to the police. The police must provide you with a reasonable opportunity to contact a lawyer without delay.
- During questioning, you can inform the police that you wish to remain silent until you have spoken to a lawyer. If the police continue to ask you questions after you’ve requested legal counsel, they may be violating your rights.
- The Right to Know the Reason for Your Detention
- If you are being detained or arrested, you have the right to know the reason for your detention. The police are obligated to inform you of the nature of the charges or investigation against you. You should ask the officers why you are being detained and what charges you may be facing.
- Protection Against Self-Incrimination
- You are protected against self-incrimination under Canadian law. This means that you are not required to provide any information that could be used to establish your guilt. Exercising your right to remain silent is one of the best ways to protect yourself from unintentionally incriminating yourself during police questioning.
- The Right to Have a Lawyer Present During Questioning
- In most cases, after speaking with a lawyer, you will still have the right to remain silent during police questioning. While Canadian law does not explicitly require that a lawyer be present during police questioning (unlike in the United States), your lawyer can guide you on whether you should answer any questions. It is often advisable to at least consult with a lawyer before proceeding with any interrogation.
Different Types of Police Interactions and Your Rights
The level of interaction you have with the police can vary depending on the situation. Below, we’ll break down the types of police interactions and your rights in each scenario:
- Casual Encounters (Non-Detention)
- If the police approach you on the street or in a public place to ask general questions, this is considered a casual encounter. You are not under detention or arrest, and you have no obligation to speak to them. You can politely decline to answer their questions and walk away.
- Keep in mind that if the police have reasonable grounds to detain you or if you are involved in a criminal investigation, the interaction can escalate into detention or arrest.
- Detention (Investigative Detention)
- Detention occurs when the police have reasonable grounds to believe you are involved in a crime, but they are not yet making an arrest. During this time, the police may ask you questions and seek more information to determine whether charges should be laid.
- Even if you are not formally under arrest, you still have the right to remain silent and to speak with a lawyer. You do not have to answer any questions, and it is wise to avoid making statements until you have legal representation.
- Arrest
- If the police arrest you, they must immediately inform you of your right to remain silent and your right to legal counsel. You are under no obligation to answer any questions after your arrest, and you should ask to speak to a lawyer as soon as possible.
- During an arrest, the police may attempt to question you in an effort to gather evidence. However, you have the right to remain silent throughout the entire process. Remember, anything you say can and will be used against you in court.
How to Handle Police Questioning
If you find yourself being questioned by the police, it’s essential to remain calm and assert your rights. Here are some steps to help you navigate police questioning effectively:
- Stay Calm and Polite
- Interactions with the police can be stressful, but it’s important to remain calm and respectful. Being confrontational or rude can escalate the situation unnecessarily. Instead, assert your rights politely and calmly, ensuring that you do not inadvertently provoke the officers.
- Invoke Your Right to Remain Silent
- If you are being questioned, the safest option is to clearly state that you wish to remain silent. You can say something like, “I am choosing to remain silent and would like to speak with a lawyer.” This statement makes it clear that you are aware of your rights and that you do not wish to answer any questions without legal advice.
- Request Legal Counsel
- If the police continue to question you, reiterate that you want to speak to a lawyer before answering any questions. It’s crucial to contact a criminal defence lawyer who can advise you on how to proceed.
- Avoid Volunteering Information
- While the police may ask open-ended questions or attempt to get you to admit to something, avoid volunteering any information. It’s easy to inadvertently say something that can be misinterpreted or used against you later.
- Do Not Consent to Searches Without a Warrant
- If the police ask to search your person, home, or vehicle, you have the right to refuse unless they have a search warrant or reasonable grounds. Politely inform them that you do not consent to the search, but do not physically resist if they proceed without your consent.
The Consequences of Failing to Exercise Your Rights
Failing to exercise your rights during police questioning can lead to several negative consequences, including:
- Self-Incrimination: If you provide information or make statements without fully understanding the charges against you, you may inadvertently incriminate yourself. Even seemingly harmless comments can be used to build a case against you.
- Waiving Your Right to Silence: Once you start answering questions, it can be difficult to stop. Waiving your right to remain silent can weaken your defence and give the police more opportunities to gather incriminating evidence.
- Adverse Legal Outcomes: Providing information without legal counsel can lead to adverse outcomes, including being charged with a crime based on your statements or unintentionally confessing to something you didn’t do.
How De Boyrie Law Can Help
If you’ve been questioned by the police or believe you’re under investigation, it’s critical to seek legal advice as soon as possible. At De Boyrie Law, our experienced criminal defence team is here to protect your rights and guide you through the legal process. We can help you navigate police questioning, ensure your rights are upheld, and provide expert legal representation throughout your case.
Schedule a Free Consultation with De Boyrie Law
If you’ve been questioned by the police or are facing criminal charges, contact De Boyrie Law today to schedule a free, confidential consultation. We will review your situation, explain your rights, and help you make informed decisions to protect your future.
Alex De Boyrie is an experienced Criminal Defence Lawyer covering Toronto, and the Greater Toronto Area.
In short, Alex’s experience ranges from working on bail hearings, sexual offences, weapons and firearms, assault charges, drug offences, youth crimes, Impaired Driving, and other criminal offences.