One scary situation no one wants to face is getting arrested, especially for a crime you haven’t committed. Unfortunately, it can happen if you’re falsely accused or were in the wrong place at the wrong time. And police can attempt to question you if they have reasonable grounds to believe you’ve committed (or are about to commit) a crime.
But getting arrested doesn’t guarantee your conviction. And there are certain rights you can exercise upon your arrest. This includes talking to a criminal defence lawyer.
If you’re unaware of those rights, read on.
A Guide to Your Rights Upon Arrest
Getting falsely arrested is frightening. But the Canadian Charter of Rights and Freedoms protects you so you have a fair chance to prove your innocence. Read this post to better know your rights.
The Right to Remain Silent
Under Section 7 of the Charter, you have the right to remain silent. Also Sections 10(a) and 10(b) of the Charter require the police to advise you of the reason for your detention and your right to counsel. This means you don’t have to speak to a police officer or any other person in authority if you don’t want to. This constitutional provision protects your autonomy and personal legal rights from the actions of the government. It is based on the presumption that all individuals are innocent until proven guilty.
If this right is violated by a law enforcement officer, the trial judge may exclude the evidence or testimony obtained under such circumstances.
The Right to Talk to a Criminal Defence Lawyer
If you’re charged and arrested for a criminal offence, you have the right to talk to a criminal defence lawyer; this is also known as the right to counsel. It is always advisable to talk to a lawyer before talking to police. In the absence of legal protection, you could make the mistake of saying something that could be used against you. This right protects you from self-incrimination.
You’re allowed to talk to a lawyer privately. Inform them about your arrest and the reason for it. That said, it’s the police’s duty to help you contact a lawyer as soon as is practicable as they’re not supposed to continue questioning until after you’ve had legal counsel.
If you don’t have a criminal defence lawyer, the Brydges duty counsel service can come to your rescue. This service, provided by Legal Aid Ontario, gives free legal advice to any Ontarian who has been detained or arrested. It is available 24 hours a day, 365 days a year.
The Right to Ask Why You’ve Been Arrested
You have the right to ask why you’re being detained or arrested, and the police have the obligation to inform the accused of what they’re charged with. You can be arrested if the police have:
- A warrant for your arrest.
- Reasonable grounds to believe that you’ve committed or are about to commit an indictable offence.
- Reasonable grounds to believe a warrant exists in your name.,
- Seen you commit a crime and arrested you in the public interest.
What Are Your Rights If You Are Under 18?
If you’re under 18, police must treat you differently than an adult. Young people accused of a criminal offence have extra protections under the law.
The Right to Have a Parent or Guardian Present When Being Questioned
A minor who has been arrested or detained can call their parent or guardian and lawyer before talking to police. To clarify: you don’t have to choose between calling your parent(s) or guardian and calling a lawyer. You can do both. And if you’re arrested at home, you can make a call before being taken to the police station.
Your Rights Under the Youth Criminal Justice Act
The Youth Criminal Justice Act (YCJA) guarantees the rights of youth in the criminal justice system. It applies to young people between the ages of 12 and 17. Children under 12 cannot be charged with a crime; individuals can be charged as an adult at age 18.
Some of the rights stated under Subsection (d) of the Act include:
- The young person arrested should be provided with information about the proceedings and be allowed to participate and be heard.
- Their parents should be informed of measures or proceedings involving their children and encouraged to support them in addressing their offending behaviour.
Two important conditions should be noted so you can protect a youth’s rights upon their arrest.
- Pre-trial detention is only necessary if a judge thinks the youth will continue to offend or repeat the offence, or that the youth will fail to appear in court.
- Youth cannot be photographed or fingerprinted unless they’re charged with an indictable offence such as theft, robbery, sexual assault or aggravated assault.
Knowing your rights when you’re arrested or detained can protect you from making a statement that could be used against you and better your chances of proving your innocence. These are your constitutional rights so everyone gets a fair chance in the criminal justice system. To learn more about your rights as a Canadian citizen and when to exercise them, consult an experienced criminal defence lawyer.