Your Legal Rights

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Police dramas on television would have you think that you have no rights when it comes to the police and the law.  That's just fantasy.  You do have Rights!

Your Rights:

1. You do not have to answer any questions. 

2. You do not have to go with the police unless you have been arrested.  Under the Charter, "Everyone has the right not to be arbitrarily detained or imprisoned."

3. The police can legally search you if they have your permission (you can refuse permission) or they have arrested you.  They may also search you if they have reason to believe that you have drugs or weapons on you.

4. The police can search your car if they have your permission (you can refuse permission) or they have a warrant, they reasonably believe you have illegal drugs or are carrying liquor illegally.  You must produce driver's license, registration and insurance when asked.  

5. The police can search your home if they have your permission (you can refuse permission) or they have a warrant.

6. The Canadian Charter of Rights and Freedoms states "Everyone has the right to be secure against unreasonable search or seizure."

7. You do not have to be interviewed.

8. You do not have to give a statement.  (Cannot be forced or threatened to give a statement because it is your right not to.  You are presumed innocent and there cannot be any inference drawn against you if you exercise your right to remain silent.)

9. You would be well advised not to make a statement because anything you say can be used against you including laying charges against YOU. 

10. You do not have to feel bad or guilty just because you are not speaking to the police or making a statement, it is your Right.  Besides, it is always safer not to say anything.  Remember, they're gathering evidence to build a case against YOU, and words or phrases could get misconstrued.

11. No matter what the Police say, you do not have to give a statement or speak to them.

12. You do not have to go anywhere with them nor can they arbitrarily detain you without first arresting you.

13. If you are arrested, the police must inform you why you are being arrested (what charge) and your right to remain silent and your right to speak with a lawyer without delay.

14. After arrest, police cannot continue to question you if you ask for a lawyer.

15. After speaking with a Lawyer, the police cannot continue to question you if you clearly state that you have spoken with a lawyer and they have advised you not to say anything.

16. Remember your RIGHTS, even if you are being pressured or coerced.

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Drinking and Driving

1. If police demand a sample of breath for the roadside screening test, you must comply.

2. If you fail the roadside screening test, you will be placed under arrest and will have a right to counsel.

3. Talk to a lawyer before doing anything else the Police want you to do.

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Police cannot force you to make a statement or threaten  you with arrest in order for you to make a statement. It is your right not to make a statement even if you are arrested. 

Legal Rights Under the Charter of Rights and Freedoms

7. 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.

SEARCH OR SEIZURE.

8. Everyone has the right to be secure against unreasonable search or seizure.

DETENTION OR IMPRISONMENT.

9. Everyone has the right not to be arbitrarily detained or imprisoned.

ARREST OR DETENTION.

10. Everyone has the right on arrest or detention

(a) to be informed promptly of the reasons therefor;

(b) to retain and instruct counsel without delay and to be informed of that right; and

(c) to have the validity of the detention determined by way of habeas corpus and to be released if the detention is not lawful.

PROCEEDINGS IN CRIMINAL AND PENAL MATTERS.

11. Any person charged with an offence has the right

(a) to be informed without unreasonable delay of the specific offence;

(b) to be tried within a reasonable time;

(c) not to be compelled to be a witness in proceedings against that person in respect of the offence;

(d) to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal;

(e) not to be denied reasonable bail without just cause;

(f) except in the case of an offence under military law tried before a military tribunal, to the benefit of trial by jury where the maximum punishment for the offence is imprisonment for five years or a more severe punishment;

(g) not to be found guilty on account of any act or omission unless, at the time of the act or omission, it constituted an offence under Canadian or international law or was criminal according to the general principles of law recognized by the community of nations;

(h) if finally acquitted of the offence, not to be tried for it again and, if finally found guilty and punished for the offence, not to be tried or punished for it again; and

(i) if found guilty of the offence and if the punishment for the offence has been varied between the time of commission and the time of sentencing, to the benefit of the lesser punishment.

TREATMENT OR PUNISHMENT.

12. Everyone has the right not to be subjected to any cruel and unusual treatment or punishment.

SELF-INCRIMINATION.

13. A witness who testifies in any proceedings has the right not to have any incriminating evidence so given used to incriminate that witness in any other proceedings, except in a prosecution for perjury or for the giving of contradictory evidence.

INTERPRETER.

14. A party or witness in any proceedings who does not understand or speak the language in which the proceedings are conducted or who is deaf has the right to the assistance of an interpreter.

source: canadian charter of rights and freedoms

habeas corupus:

*  Latin "You have the body".  a court order that a specific person being detained be promptly produced, by the detaining authority, before a judge for a hearing to decide whether the detention is lawful. - duhaime law

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Notes

Canadian Charter of Rights and Freedoms

Your legal rights adapted from "You and the Police" Legal Information Society and Criminal Investigations NSNU "What are your Rights?"

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