My Rights

Your rights if detained or arrested

Right to speak to a lawyer

Section 10(b) of the Canadian Charter of Rights and Freedoms says:

Everyone has the right on arrest or detention “to retain and instruct counsel without delay and to be informed of that right”.

You have the right to speak to a lawyer (counsel), and police must inform you of this right. It is usually recommended to contact a lawyer. The lawyer can provide you with advice and notify your friends and/or family that you are under arrest.

The right to speak to a lawyer (counsel) also includes the following rights:

Police must provide you with an opportunity to talk to a lawyer, and to do so in private.
Police must make sure that you understand this right, even if you do not speak English or French well.
Police should not question you until you have been informed of your right to counsel and have had an opportunity to speak to a lawyer, or have given up (waived) this right. A waiver (giving up the right to counsel) has to be made clearly, without doubt, and with full knowledge of the consequences of giving up the right to legal representation. But once you have had the opportunity to speak to a lawyer or waived this right, police can question you. But you still do not have to answer.
If you cannot afford a lawyer, you can ask for the Legal Aid Duty Counsel number, and the police must provide it.
If you have a specific lawyer’s name, the police must assist you in getting that lawyer’s phone number.
You can make more than one call to reach a lawyer. If your lawyer of choice is not immediately available, you have the right to refuse to speak with a different lawyer and to wait a reasonable amount of time for your lawyer of choice to respond.
If you do reach a lawyer on the phone, you may only be entitled to that one phone call. Make good use of it: Ask questions and pay close attention to the advice you receive. After that, the police may question you for hours without providing you further access to legal support. In general, you will only be given one single opportunity to talk with the lawyer. But in certain situations, the police are required to allow you to contact a lawyer again. For instance, if the charges against you change or if the police ask you to perform a new non-routine procedure, for example participation in a line up or submitting to a polygraph test.
Information that you provide to your lawyer is privileged and confidential. This means that your lawyer cannot tell the information to anyone without your permission. There are, however, certain exceptions to this rule, such as if you tell your lawyer that you are going to cause serious bodily harm to identifiable people.
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