My Rights

Your rights if detained or arrested

Right to remain silent

Section 7 of the Canadian Charter of Rights and Freedoms says:

“Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.”

Section 7 has been interpreted to give people many rights, including the right to silence.

You do not have to say anything or answer any questions. You are also usually not legally required to provide ID or your name – but there are very limited exceptions around driving, breaking a traffic law while riding a bicycle, and some Covid-related offences.
If you are required by law in these situations to identify yourself to police and you do not provide this information, or you provide false information, the police could charge you with obstructing the police.
Your safety and best judgment are also important considerations. See: If the law does not require me to give my name and ID – what are my options?
Once a person has either used their right to speak to a lawyer, or given up that right – even if they said they wanted to remain silent – courts have allowed police to keep talking and asking questions, sometimes for hours (though there are some limits).
If the police question you, you can say and repeat, “I do not want to answer any questions” or “I do not want to answer any questions until I speak to a lawyer.”
The police are not supposed to use force to get you to speak.
The police are not supposed to use threats to get you to speak.
The police are not supposed to make promises to get you to speak
Police are allowed, in some circumstances, to act as if they know things that they don’t, make certain promises they won’t keep, mislead or lie to you. If the police do mislead you to try to get more information from you—by telling you, for example, that they have enough evidence already or that things will get better for you if you cooperate or worse if you do not—this could affect how a court will treat any information you provide in response.
If you have said that you want to remain silent, the police cannot ask you questions through an undercover officer or informer. But the police can have an undercover officer or informer listen without asking questions.
You do not need to make a statement. If you decide that you want to make a statement, it is recommended that you try to have your lawyer there when you do.
If you are under the age of eighteen, and if you decide that you want to make a statement, you have the right to have a lawyer, your parent, or guardian (or if they are not available, another adult) present.
Information that you provide to anyone other than your lawyer – such as police, your parents, or your cellmates – may be used against you.
Your silence cannot be used against you; except in very exceptional circumstances.
Right to know the reason for the detention or arrest
Right to know the reason for the detention or arrest
Right to speak to a lawyer
Right to speak to a lawyer
Rights of minors (if you are under 18)
Rights of minors (if you are under 18)
Right to remain silent
Right to remain silent
Right to habeas corpus
Right to habeas corpus

You do not need to make a statement.

If you decide that you want to make a statement, it is recommended that you try to have your lawyer there when you do.