Created in 1982, the Canadian Charter of Rights and Freedoms exists to protect your rights from agents of the state, such as the police. You must remember your rights in case of arrest and not be intimidated. Police in Toronto and the surrounding areas may attempt to fool you into thinking you have to speak to them. They are only allowed, by law, to detain you in the following three circumstances:

  • If they believe you have committed a crime/offence
  • If they observe you committing a crime/offence
  • If you are driving

To ascertain whether or not you are being lawfully detained, you may ask the police why they are stopping you, if you are under arrest, and if you are free to go. While you are generally not under any obligation to unnecessarily identify yourself to the police as a pedestrian, giving a false name or address can result in a charge of obstruction of justice being laid. Remember that it is your right to speak to a lawyer, and the police must not only inform you of that right upon arrest, but also provide reasonable opportunity to consult one as well.

If you have been involved in a collision, the police may ask you questions. Refusal to answer may lead to you being charged. If you are stopped as a driver, then you must provide documentation if the police request it. 

It is crucial to remember that anything you say to the police may be used in court against you, with a select few exceptions. 

There are also four main rights that you need to be aware of:

  • Right to be safe from illegal search and seizure: the police are not allowed to arbitrarily come into your house and search or seize your belongings. Due process and judicial authorizations are necessary. The same applies to wiretaps. 
  • Right to remain silent: the police are not your friend - they may try to compel you to making a statement after you have been arrested. Remember your rights!
  • Right to counsel: an experienced lawyer can make the difference between an acquittal and a conviction.
  • Right to a fair trial: Paul V. will fight for you at your trial, no matter the charge, and ensure that your rights are protected.