When people think of law, usually the first area that comes to mind is criminal law and what is portrayed on the television. Often what is shown on screen is inaccurate and/or exaggerated. However, some of the shows raise important questions in the mind of the viewers. Among these questions is what a person ought to know when interacting with the police.
The Right to Remain Silent
There is a fair amount of misinformation and confusion surrounding the concept of the right to remain silent, so here are the basics. The right to remain silent in Canada is enshrined in the Canadian Charter of Rights and Freedoms. This gives every Canadian the right to refrain from providing the police with any information. However, there are exceptions to this rule. Here are three common examples:
– If you get arrested, you must tell the police officer your name, address and date of birth.
– If you are engaging in an activity that is governed regulations, you are required to provide information as outlined in those regulations. Things of this nature include driving commercial trucks or hunting)
– If you are the registered owner of a motor vehicle that is involved in a collision, the Traffic Safety Act requires that you provide some information to the police in certain circumstances.
Remember that, in general, you do not need to provide the police with any information or assist in a criminal investigation. If you are not sure about whether you need to provide information to the police, you should ask to speak to a lawyer.
Speaking to the Police
Whether you are asked to meet the police at the station or are asked to answer questions at the scene of an incident, many people have an understandable hesitancy to cooperate. It can be unclear whether the police genuinely want your side of the story, if they are hoping you will say something that will incriminate you or, if they already have enough evidence on you and want you to meet them at the station to formally place you under arrest.
Any of these situations may be plausible so it is important to have a good understanding of your legal position before speaking to the police in any capacity, especially if you suspect that they are investigating you. If the police want to meet with you or if they have already told you that you are under arrest or are being detained, you should tell them that you would like to speak to a lawyer. You have the right to speak with a lawyer before the police question you or take a statement.
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