Have you had a loved one in trouble with the law or been pulled over yourself, by the police? If either of these scenarios sounds familiar, you should know about your rights upon arrest. That includes remaining silent.
Being arrested for any crime can be overwhelming and stressful, especially if you aren’t familiar with your rights. For instance, do Canadians have the right to remain silent? Yes, they do.
However, many Canadians who get arrested believe that if they simply tell the police their side of the story, they will be released from custody. So, they may start talking in the absence of their lawyer, which will only make the situation worse.
Here, we explore this fundamental right to help you make informed choices about how to deal with your arrest. Of course, you should seek legal counsel by getting in touch with a top criminal lawyer in Brampton, like Harpreet Saini, for the best possible legal advice and outcome.
Let’s get started.
Understanding Your Right to Silence in Canada: A Guide from a Top Criminal Lawyer in Brampton
This post explores your right to remain silent in Canada. As a top criminal lawyer in Brampton, we believe everyone should understand their rights to make the best decision for themselves.
What Does the Right to Remain Silent Mean in Canada?
Every Canadian has the right to life, security and freedom, and these rights should ideally be taken away only according to just and fair principles.
In the Canadian Charter of Rights and Freedoms, Section 7 protects a citizen’s right to remain silent while Section 10(b) is about the right to be informed of the right to counsel and the right to speak with counsel. This means you can choose not to answer questions asked by law enforcement authorities. However, if you decide to speak to an officer, it is imperative that you be honest.
This right guarantees that only statements provided willingly to law enforcement authorities after the accused has been told they can access a lawyer can be used as evidence. Even if you provide a seemingly innocent statement describing the event, it can incriminate you if you are charged with a criminal offence. Moreover, telling lies will lead to additional charges, such as obstructing a police officer or trying to obstruct justice. Hence, your false statements can strengthen the prosecution’s case.
If you need legal counsel, get in touch with a top criminal defence lawyer in Brampton, like Harpreet Saini, for valuable assistance and to protect your rights.
When Should You Exercise Your Right to Remain Silent?
Exercising your right to remain silent is important to developing a defence strategy that delivers the best possible outcome. Remember, anything you say can be used against you and jeopardize your defence. In such situations, staying silent can be difficult, as police officers often put pressure on you or use manipulative tactics to get you to speak. They may also be on the lookout for any self-incriminating statements. Hence, you benefit from asserting your right to remain silent as soon as you are arrested and taken into custody.
Once you’ve informed the arresting officer that you want to exercise your right to remain silent, it’s in your best interest to contact a top criminal defence lawyer in Brampton. Defendants have a right to counsel under Section 10 (b) of the Canadian Charter of Rights and Freedom. It is also important to stay silent while waiting for your defence lawyer to arrive. Remember, you aren’t obligated to answer any questions asked by police during this time.
In What Situations Does the Right to Remain Silent Apply?
There are various situations in which the right to remain silent is applicable, like being arrested. Keep in mind that exercising your right to remain silent is not an admission of guilt but a fundamental protection.
Even when interacting with police officers before being arrested, you have the right to remain silent. If you are being questioned by officers, you can assert this right politely. In fact, it is in your best interests. Likewise, your right to remain silent extends to the courtroom if your case goes to trial. You may choose to present your side of the story and testify, but you are under no obligation to do so.
We hope this post has answered any questions you may have had regarding your right to remain silent. This is a fundamental right that any Canadian can exercise, regardless of the severity of the crime for which they have been arrested. If you have been taken into custody or arrested, you need a top criminal lawyer in Brampton to uphold your rights and explore various defence strategies for the best possible outcome.