Arrest and Detention in Canada: Understanding Your Rights
- alexandermackillop
- Sep 1, 2019
- 3 min read
Being arrested or detained by police can be a stressful and scary experience. Understanding your legal rights can help you navigate the situation and ensure that your rights are protected.
What Is the Difference Between Arrest and Detention?
A person is arrested when police take them into custody because they believe the person has committed, is committing, or is about to commit a criminal offence. An arrest generally involves a significant loss of freedom and often results in the person being handcuffed and taken to a police station.
A person may be detained when police temporarily restrict their freedom as part of an investigation. Detention does not always result in an arrest, but the individual is not free to leave until the detention ends.
What Rights Do You Have?
The Canadian Charter of Rights and Freedoms provide important protections for individuals who are arrested or detained. These rights protect you from government action that impedes your protected rights.
1. The Right to Be Informed of the Reason
Police must promptly tell you why you are being arrested or detained. You are entitled to understand the nature of the allegations or the reason for the police action.
2. The Right to Remain Silent
You are not required to answer police questions about an alleged offence. You have the right to remain silent. While you must generally provide basic identifying information in certain circumstances, you do not have to provide a statement or explanation about the incident under investigation.
3. The Right to Speak with a Lawyer
One of the most important rights is the right to retain and instruct counsel without delay. Police must inform you of this right and provide a reasonable opportunity to contact a lawyer. If you do not have a lawyer, you may be able to speak with duty counsel or legal aid services available.
4. The Right to Be Treated Fairly
Police must conduct themselves lawfully and respect your constitutional rights. Excessive force, unlawful searches, or unreasonable delays may violate the Charter and could have legal consequences in court proceedings.
What Should You Do If You Are Arrested?
If you are arrested or detained:
Stay calm and respectful.
Do not resist arrest, even if you believe the arrest is unjustified.
Clearly state that you wish to speak with a lawyer and that you are not consenting to any search.
Exercise your right to remain silent until you have received legal advice.
Pay attention to what police tell you and any documents you are given.
Why These Rights Matter
The rights guaranteed by the Charter are designed to protect individuals from unfair treatment and to promote confidence in the justice system. If police fail to respect these rights, a court may exclude evidence or provide other remedies.
If you have been arrested or detained and are facing criminal charges, obtaining legal advice as early as possible can help you understand your options and protect your interests throughout the court process.
MacKillop Pictou Law Group is here to help
For more detailed information on the above or other protected rights (such as right to be secure from unreasonable search and seizure) or assistance with a criminal allegation, please feel free to contact the MacKillop Pictou Law Group team, located in Halifax, Nova Scotia, as our team of dedicated criminal law lawyers are always happy to help!
