Pre-Charge Processes

>>Pre-Charge Processes

When can the police search me?

Because you have a constitutional right to be free from unreasonable searches or seizures, there are limited circumstances where the police can lawfully search you. That is, the police can search you when you consent to a search, when they believe that you have illegal substances or weapons on your person, and when you [...]

When can the police search me? 2018-04-12T19:35:09+00:00

What are my rights when I am interacting with the police?

In Canada we have a number of constitutionally enshrined rights that protect us during our interactions with the police. It is important that you understand these rights, not only so that you can protect yourself, but also so that you know when you have to comply with the police’s demands. The Right to Remain [...]

What are my rights when I am interacting with the police? 2018-04-12T19:52:24+00:00

When can the police lawfully arrest me?

In Canada, the police can arrest you both with a warrant and without a warrant. Arrest with a warrant: When the police are arresting you with a warrant, it means that they have already gone through the preliminary process of laying an information or of formally charging you with an offence before a justice [...]

When can the police lawfully arrest me? 2018-04-13T08:16:59+00:00

What should I do after I have been arrested?

After you are arrested you should write down everything that happened in as much detail as possible. This will help you to remember the events surrounding your arrest when you go to trial, and it will also help to ensure that no important details are missed when you are reviewing your matter with your [...]

What should I do after I have been arrested? 2018-04-13T08:15:29+00:00

When can the police stop me and question me?

The police are authorized to stop you and question you for investigative purposes when they reasonably suspect that you have committed a crime, are about to commit a crime, or when they see you committing a crime. If they have stopped you, you are required to identify yourself by providing your name, address, and [...]

When can the police stop me and question me? 2018-04-13T08:20:33+00:00

If I refuse to provide a statement to the police, will it make me look guilty?

Many people who have been accused of committing a crime believe that if they do not provide a statement to the police that they will look guilty, or as though they have something to hide. However, choosing to refrain from speaking to the police is a fundamental right that is protected by the Charter of [...]

If I refuse to provide a statement to the police, will it make me look guilty? 2017-11-18T22:19:44+00:00

Can I provide a statement to the police that is “off the record”?

There is no such thing as providing a police officer a statement that is “off the record.” While some statements given to the police before you are given your right to counsel may not be used against you in trial, anything you say to a police officer is potentially “on the record.” That is, anything [...]

Can I provide a statement to the police that is “off the record”? 2017-11-18T22:16:50+00:00

Should I give a statement to the police?

If you have been arrested or are being investigated for an offence, you are not required to give a statement to the police. You have a constitutionally protected right to silence that prevents you from being forced to make self-incriminating statements. If the police have asked you to participate in an investigation by making a [...]

Should I give a statement to the police? 2018-02-28T20:35:21+00:00

What should I do if I am being investigated by the police?

If you are under investigation by the police, it does not mean you will necessarily be charged or found guilty of a criminal offence, but you do need to take the matter seriously and take steps to protect yourself. At this point in the process, there is a significant information imbalance between you and the [...]

What should I do if I am being investigated by the police? 2017-11-18T22:20:10+00:00