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CRIMINAL LAW AND YOUR RIGHTS

Upon being detained by the police, the police are required pursuant to the Charter of Rights and Freedoms to inform a detained person of their rights to counsel and the right to remain silent.  If you are detained by the police, meaning that your liberty or freedom is restricted and you are not permitted to leave, then the police have to inform you that you have the right to speak to a lawyer, prior to the police asking you any further questions.  It is an important right and this right must be invoked otherwise there may be a waiver of your rights to counsel and a statements and tests performed by an individual can be used in court against that person. 

However it is important to know that if you are operating a motor vehicle the police have the right to stop an individual under the provisions of the Highway Traffic Act to check for compliance with license registration and insurance.  That information must be provided to a police officer.  The Supreme Court of Canada has also upheld the stopping of motor vehicles to check for sobriety of operators.

If you are stopped for an impaired driving and or over 0.08 % Excess Blood alcohol offence, the police have to inform you of your right to speak to counsel prior to the police requiring Breathalyzer samples at the Police Station.   Note that this is not the same as when a Roadside Approved Screening Device (ASD) sample is requested. Prior to providing samples an accused individual should speak to experienced counsel to preserve their rights at trial.

You also have the right not to be arbitrarily detained by the police.  If you are being detained it is important that you advise the police that you wish to consult with one of our lawyers.

This information is a brief summary for information purposes only and is applicable only in the Province of Ontario. It is not intended to be legal advice. Full and complete legal advice can only be given by a lawyer who has detailed information about your individual circumstances.