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By LegalMatters Staff • If police have reasonable grounds to suspect you were involved in a crime they can arrest you and take you to the station for questioning, with the Canadian Charter of Rights and Freedom spelling out your rights during the interrogation.
That includes informing you of your right to speak to a lawyer, says Ottawa criminal lawyer Céline Dostaler.
“When you arrive at the station after an arrest, police must give you time to call a lawyer, retain one through Legal Aid or get free advice from Duty Counsel,” she says. “After you have been given that opportunity, police can begin their questioning.”
Dostaler says many people incorrectly believe they have the right to have a lawyer with them during the interrogation.
“You will not have a legal representative with you when being questioned by police, “ she says. “The only exception is for those under 18. But you still have protection from the Charter.”
Dostaler says the right to remain silent is guaranteed by s.7 of the Charter.
“That means you do not have to answer questions during the interrogation, other than giving your name and address,” she says. “The reasoning for that is that all individuals are presumed innocent until proven guilty.”
Dostaler explains that the Crown bears the burden to prove beyond a reasonable doubt that you are guilty.
“My advice to clients is to say nothing to the police. Police will not charge you unless they feel they have sufficient evidence,” she says. “If you talk to them, you may inadvertently provide evidence that they can use against you in court.”
