Your Rights on Arrest and Police Questioning

Being arrested is stressful, but you have rights that protect you. You have the right to be told why you are being arrested. After arrest or detention, you have the right to speak with a lawyer without delay. Ask police about free telephone duty-counsel services. Availability, hours, and access details vary by province and territory. In most situations, you do not have to answer police questions. Whether you must give your name or other identifying information depends on the law that applies to your situation. If you or someone else is in immediate danger, emergency services can be reached at 911. This page gives general legal information. It is not a substitute for legal advice or emergency help.

Police contact with you can take different forms. You may be stopped for a brief chat, detained, or arrested. Detention happens when police take away your freedom to leave, even without handcuffs or a formal arrest. For example, police may detain you to investigate a possible crime. Arrest is more formal. It may happen when police tell you that you are under arrest or take physical control of you under a lawful arrest power. An arrest can occur before a charge is formally laid. The word police use, or whether you are handcuffed, does not decide the legal answer. What matters is whether a reasonable person in your position would feel free to leave. If you are not sure whether you are detained or arrested, you can ask the officer directly.

Section 10(a) of the Canadian Charter of Rights and Freedoms gives you the right, on arrest or detention, to be told promptly why. Police do not need to explain every detail right away, but they must tell you the general reason for the arrest or detention in a way you can understand. This lets you know what is happening and helps you decide what to say to your lawyer. If you do not understand why you are being held, you have the right to ask. Being told the reason is different from being read your rights in full, which usually happens as part of the police caution, covered later on this page.

Section 10(b) of the Charter gives you the right, on arrest or detention, to speak with a lawyer without delay, and to be told of that right. Once a detained person asks to speak with a lawyer, police must generally provide a reasonable opportunity to do so and hold off trying to obtain evidence from that person until the opportunity has been provided, unless the right is validly waived or a recognized exception applies. If you do not have your own lawyer, duty counsel can give brief legal help, often through legal aid — for example with bail, a first appearance, or basic advice. Duty counsel does not usually replace having a full defence lawyer, and availability varies by province and courthouse. You can read more about qualifying for legal aid or about hiring a lawyer for your case.

The right to silence comes from section 7 of the Charter, which protects life, liberty, and security of the person. In general, you do not have to answer police questions about an offence. Whether a person must provide identifying information depends on the legal power being used, the circumstances, and the applicable federal or provincial law. Beyond that, you do not have to explain yourself, answer questions, or give a statement. Saying nothing is not an admission of guilt. Many people choose to stay silent until they have spoken with a lawyer, and then follow the lawyer's advice about what to say, if anything.

Section 9 of the Charter protects you from being arbitrarily detained or imprisoned. This means police generally need a lawful reason connected to their duties, such as investigating a specific offence, before they detain you. A hunch or your presence in a certain neighbourhood is not enough on its own. Section 8 of the Charter protects you from unreasonable search or seizure. Police search powers are limited and depend on the situation, including whether you have been arrested, whether police have a warrant, and the type of search involved. This page cannot cover every search scenario. If police search you or your property, you can ask why.

Before or during questioning, police will often read you a caution. A caution is a short standard warning. A caution usually covers three things: you do not have to say anything; you have already been told about your right to a lawyer; and anything you say can be used as evidence in court. Police may repeat the caution more than once, such as before a formal interview. If you plan to give a statement, or if police are already asking you questions, it can help to understand the process first. Read more about making a police statement after an accusation.

The legality of an arrest and criminal responsibility for resistance are separate legal questions. An arrest that is later challenged does not automatically make physical resistance lawful. If you believe an arrest is unfair or a mistake, that question is decided in court, with a lawyer, not at the scene. Resisting arrest, or resisting a peace officer in the execution of their duty, is itself a separate criminal offence in the Criminal Code. Depending on the circumstances, physically struggling, fleeing, or wilfully obstructing a peace officer acting in the execution of their duty can lead to a separate charge, in addition to the matter police were already investigating. You can read more about this offence on the resisting arrest page.

After police finish their investigation, a few different things can happen. You may be released with no conditions, or released with conditions you must follow, such as staying away from a person or place. Or you may be held in custody to appear before a court. If you are held, a bail hearing decides whether you can be released while your case continues, and on what conditions. What happens next depends on the offence, your record, and the specific facts of your situation. You can read more about this process on the bail hearings page.