What To Do If You Are Arrested in Ontario

Your Rights Upon Arrest Under the Canadian Charter

When police place you under arrest in Ontario, you are immediately protected by Sections 7 through 14 of the Canadian Charter of Rights and Freedoms. These constitutional protections exist because the state wields enormous power, and our legal system recognizes that individuals need safeguards against potential abuses of that power.

The Right to Know Why You Are Being Arrested

The moment you are detained or arrested, police must promptly inform you of the reasons for your arrest under Section 10(a). This is not a mere formality—it is a constitutional requirement established in cases like R. v. Evans (1991). The information must be clear enough that you understand the substance of the allegations against you. If police fail to do this, any evidence obtained afterward may be excluded at trial under Section 24(2) of the Charter.

The Right to Counsel

This is arguably your most important right upon arrest under Section 10(b). You have the right to retain and instruct counsel without delay, and to be informed of that right. The Supreme Court of Canada in R. v. Brydges (1990) established that police must also inform you of the availability of Legal Aid and duty counsel services.

Once you invoke your right to counsel, police must provide you with a reasonable opportunity to contact a lawyer (including access to a telephone in private), cease questioning you until you have had the chance to speak with counsel, and not attempt to elicit incriminating statements through either direct questioning or more subtle techniques. The only exception is for roadside breath demands in impaired driving cases, where the Supreme Court has held that the right to counsel is suspended for this limited purpose.

The Right to Remain Silent

While not explicitly stated in Section 10, the right to silence is a fundamental principle of Canadian criminal law, derived from Section 7 of the Charter (the right to life, liberty, and security of the person). The Supreme Court confirmed in R. v. Hebert (1990) that the state cannot use its superior power to override an individual's decision to remain silent.

What does this mean practically? You must identify yourself to police (name and address). Beyond that, you are not obligated to answer any questions. Your silence cannot be used against you at trial. Police cannot use tricks or undercover officers to circumvent your decision to remain silent.

What You Should Do: A Step-by-Step Guide

Immediately upon arrest, stay calm and comply physically with the arrest—resisting arrest is a separate criminal offence under Section 129 of the Criminal Code, and it will only make your situation worse. Clearly and unambiguously state: "I want to speak to a lawyer." Use these exact words. Do not say "maybe I should talk to a lawyer" or "do you think I need a lawyer?" After invoking your right to counsel, remain silent and politely decline to answer questions by saying "I will not be answering any questions until I speak with my lawyer."

At the police station, contact a criminal defence lawyer immediately. If you do not have a lawyer, call duty counsel (the number will be provided to you) as a temporary measure, but retain private counsel as soon as possible. Do not consent to searches—if police ask for permission to search your home, vehicle, or electronic devices, politely decline by saying "I do not consent to any searches." Do not provide statements, written or recorded, even if police suggest it will help you.

Document everything you can remember: note the names and badge numbers of officers involved, remember the timeline of events (when were you stopped, when were you read your rights, when did you first request a lawyer), and recall what was said by both you and the officers.

Common Mistakes That Damage Cases

Trying to explain yourself is a common mistake. Many people believe that if they just explain what happened, police will understand and let them go. This virtually never happens. Police are trained interrogators who use sophisticated psychological techniques. Even truthful statements can be taken out of context, misremembered, or used to build a case against you.

Believing police promises is another mistake. Police are legally permitted to lie to you during investigations. Promises that "things will go easier if you cooperate" are not binding and often not true. The only person whose advice you should trust is your own lawyer.

Consenting to searches can be damaging. If police had the legal authority to search, they would not be asking for your permission. When you consent, you waive important constitutional protections and make it much harder to challenge any evidence found.

Talking to cellmates or friends is also problematic. Conversations with cellmates are not privileged and can be used against you. Similarly, phone calls from jail (except to your lawyer) are recorded. Do not discuss your case with anyone except your lawyer.

The Importance of Early Legal Intervention

The decisions you make in the first hours after arrest can determine the outcome of your entire case. Evidence can be preserved or lost, Charter arguments can be strengthened or waived, and the foundation for your defence is established in these critical early moments. Contact a criminal defence lawyer immediately—most offer 24/7 emergency lines for exactly this reason.