What are your rights when being questioned by police?
In Canada, our Charter rights protect us from self-incrimination and allow us innocence until proven guilty. This is your section 7 Charter right: the right to life, liberty, and security of the person and the right not to be deprived except in accordance with the principles of fundamental justice.
What this means: you have the right to remain silent when being questioned by police.
When police can stop you: If you are suspected of committing a crime, if you are caught committing a crime, or if you are driving.
What you are legally required to answer: In most cases other than driving, you are not legally required to provide any information, including your name or identification. If you are driving, you are legally required to provide a license and registration or risk being arrested.
What the police can ask: Even if you choose not to answer any questions from the police, they are still allowed to ask you questions and try to interrogate you. You are still allowed to ascertain your right to remain silent.
What the police must tell you: Officers are required to read you your rights. They must inform you of your right to remain silent and your right to counsel, and they must provide you with an opportunity to do so. They are required to tell you that anything you say can and will be used against you in a court of law.
What is the best thing to do if you’ve been arrested or are being questioned by an officer?
Remain silent until counsel has been provided. Contact David Karp for a free consultation.