What Are Your Rights If You Are Detained By Police?

November 24, 2022


Police interrogation can be daunting and problematic for most people. But it is important to remember that the constitution also protects individuals rights from provincial acts such as police interrogation. If the police detain you, you have certain rights under the Canadian Charter of Rights and Freedoms.

If the police violate these rights, the evidence gathered during the detention or arrest can be concealed in court. This is why you need to know your rights, such as the right to consult with a criminal defence lawyer and more.

Here are a few important rights you should know if you are ever detained by the police.

The Right To Remain Silent

The right to remain silent is a long-standing right that extends to any interrogation by law enforcement. When detained, aside from answering basic inquiries to identify oneself, you are not required to answer any questions or offer a statement, whether incriminating or not.

The right to remain silent cannot be used to infer guilt of a criminal offence. However, the right to silence does not include the right not to be questioned by the authorities. Police have a job to complete and are quite good at persuading individuals to talk. You must keep your lips shut to assert your right to silence.

Right To Speak To A Lawyer

The right to consult a lawyer is a fundamental right. This right is guaranteed by Section 10(b) of the Charter. It allows individuals who have been detained or arrested to consult with a lawyer about their rights and obligations. For example, individuals can learn what to anticipate after being arrested and whether to keep silent when questioned by authorities.

The police must allow everyone detained or arrested to consult with a lawyer. People who have been detained or arrested have the right to select their lawyer. The police must allow them to speak with another lawyer if the chosen counsel is not available within a reasonable period.

If they refuse to speak with another lawyer when their first option is unavailable, the police can continue to interrogate them.

Right To Be Informed About The Reason For Detention

Police must explain why they have detained someone, whether it’s an offence of assault or something other than that. Section 10(a) of the Charter guarantees this right. A person who is detained has the right to comprehend what is going on and the potential implications of their engagement with the authorities.

The police must give a concise and clear justification for their actions. Knowing the severity of the situation is helpful for those who have been detained or arrested. After that, they can knowledgeably decide on their other rights.

For instance, they can choose to remain silent when the police question them and decide to speak to a lawyer instead. Police may be violating section 9 if they detain someone without cause and fail to explain.

Right To Reasonable Bail

A detained individual has the right under section 11(e) of the Charter not to be denied bail without cause. If the police have charged a person and concluded that further detention is essential, that person has the right to a bail hearing within 24 hours and without undue delay.

Further custody is not acceptable by default, and the imprisoned individual should be freed unless the authorities can show why continued detention is necessary. The Crown Prosecutor is informed of the police’s grounds for the ongoing custody.

The detained individual and the Prosecutor are then brought before a Judge or Justice of the Peace, and the Prosecutor may seek to justify the detainee’s continuing imprisonment. If the rationale is insufficient, the detained individual must be freed.

Also Read: Reasons To Hire A Criminal Defense Lawyer

About Daryl Royer

Mr. Royer is an Edmonton-based expert and experienced criminal defence lawyer who has handled cases across the country. Mr. Royer has successfully defended clients accused of murder, driving while impaired, drug trafficking, assault, attempted murder, fraud, theft, and numerous other crimes under the Criminal Code, traffic laws, and Revenue Canada offences. Learn more about Daryl Royer and his grip on criminal law.

Need a committed criminal defence lawyer to present your case? Contact Daryl now.

Get A Free Consultation, Contact Daryl Royer Today

Get A Free Consultation Contact Us