Should You Exercise Your Right to Remain Silent?

Getting arrested is always a stressful and overwhelming experience, especially for those who are not familiar with their rights. Many Canadians who get arrested wonder, “Do you have the right to remain silent in Canada?” The short answer is yes.

However, many people who get arrested mistakenly believe that if they talk to the police and explain their side of the story, they will get released from custody. However, they do not realize that talking to the police without a criminal defence lawyer can make the situation much worse.

Anything you say to the police after the arrest can be used against you, which is why it is essential to remain silent when apprehended or taken to custody.

Do You Have the Right to Remain Silent in Canada?

Yes. The right to remain silent is guaranteed by the Canadian Charter of Rights and Freedoms Section 7 and Section 11 (c). A person who gets arrested is not legally obligated to speak to a police officer and provide any potentially self-incriminating information. That is because the law presumes that anyone is innocent until proven guilty.

Many people in Canada are not aware of their right to silence because there is no requirement that the police inform people who get arrested or taken into custody of their right to remain silent.

In Canada, the right to silence means that the person who gets arrested or taken to custody can choose whether or not to provide any statements to the police. However, even though you have the right to silence in Canada, police officers have the authority to continue to question you.

Police officers realize that people under arrest are helpless and vulnerable, which is why they may take advantage of that helplessness and vulnerability to get them to confess. However, even if a police officer says otherwise, you have no obligation to talk to the police or assist the State with an investigation against you.

When Should You Exercise Your Right to Remain Silent?

Exercising your right to remain silent is an important part of developing a winning defence strategy because anything you say can jeopardize your defence case. Contrary to popular belief, refusing to talk to the police does not imply that you admit your guilt. On the contrary, it shows that you are aware of your legal rights.

Remaining silent can be a challenging task because police officers may put pressure on you or use manipulative tactics to get you to talk and provide self-incriminating statements. In most cases, a detainee can benefit from asserting their right to silence immediately after getting arrested or taken into custody.

After informing the police that you want to exercise your right to remain silent, you should immediately request to speak with a lawyer of your choice in private. Your right to counsel is guaranteed bySection 10 (b) of the Charter.

It is crucial to continue to remain silent while waiting for your lawyer to arrive or pick up the telephone. Once again you are not obligated or compelled to answer any of the police questioning. Prior to our clients going into the police station we tell them to dress warm (as the holding cells are quite chilly), be respectful and never rude, but ALWAYS keep quiet and just repeat “you can speak to my lawyer” if you have to say anything. Never, ever make a statement to the police. Period. No matter what they promise you or what they say, just keep quiet. Never make a statement. Never answer any questions. 

Contact a Criminal Defence Lawyer in Ontario

If you have been arrested or taken into custody, you need a skilled criminal defence lawyer to uphold your rights and explore your defence options. At What The Law, our experienced and dedicated criminal defence lawyers in Ontario will thoroughly investigate your case, identify the most effective defence strategy in your case, and protect your legal rights throughout the criminal justice process.

After the arrest, exercise your right to remain silent and then call our lawyers at What The Law. Schedule a case review with our criminal lawyers by calling 647-295-6499. We serve clients in Newmarket, Richmond Hill, Hamilton, Oshawa, Toronto, Aurora, Brampton, and throughout the province of Ontario.