Written By: Ravi Prithipaul
No one wants to be arrested, but in the event that you are, it is important to know your rights and responsibilities. Ravi Prithipaul, Q.C., criminal defence lawyer, informs you of what you need to know.1. Politely Inquire into the Reasons for Detention or Arrest
Being polite and respectful is a rule of thumb when dealing with the police. Angry outbursts, rude language, and argumentative or uncooperative behavior will hinder you both in the short and the long term.
You have a right to be told why you are under arrest. If you honestly do not know, then politely ask. The police do not need to give you a detailed explanation and you should not be argumentative with the authorities. You may not agree with the police decision to take you into custody, but you cannot interfere with that process (see below).
2. Be Courteous and Do Not Resist Arrest
Again, being courteous, calm, and controlled is always in your best interests. Although your demeanor may not in itself prove that you have committed a crime, it may cast a negative light on your character. The police may perceive that you are acting defensively because you are, in fact, guilty.
Do not resist arrest or being detained. You may believe you are innocent, and you may be upset, but everyone has the right to a trial and that process will take place later, in court. If you physically resist arrest, you not only risk being harmed but also being charged with additional criminal offences such as resisting arrest and obstruction of justice. This is what happened in R v Towell, 2015 ABQB 504 CanLII. On appeal, the defendant was acquitted of causing a disturbance, the offence for which he was originally arrested, but he remained convicted of resisting arrest and obstruction of justice. While the defendant genuinely believed he was wrongfully arrested, the arrest was valid because the police had reasonable grounds to believe that a crime had been committed.
3. Ask to Speak to a Lawyer
Everyone has the right, on arrest or detention, to retain and instruct a lawyer without delay. This does not mean that the police must immediately stop what they are doing and allow you to use a telephone. Usually, the police will transport you to a detachment where they will afford you access to telephone facilities in private. The police are generally required not to question suspects who have asserted their wish to contact a lawyer, or otherwise obtain evidence from suspects, until they have had a reasonable opportunity to receive legal advice.
Any person who is in police custody should calmly ask if they can please speak to a lawyer as soon as possible. The police must explain how the person can contact counsel, what numbers allow for free access, and provide telephone books, directory assistance or internet searching capabilities.
4. The Right to Silence
In general, we all have the right to remain silent. Being polite and cooperative does not require that we offer the police statements, information, or evidence that can be used against us in court.
Notwithstanding the right to silence, we are required to identify ourselves. The arrested person must provide the police, on demand, with his/her name, date of birth, address and telephone number. There are also some exceptions to the right to silence, such as the requirement for a driver involved in an accident to make a collision report. And of course, the right to remain silent does not allow one to mislead or provide false information to the police. Lying to the police can result in being charged with obstruction of justice under section 139 of the Criminal Code.
You should contact a criminal lawyer for advice as soon as possible on what you should or should not say and before you volunteer any information that may be incriminating.
5. Write Down Your Recollection of What Occurred
As soon as you are able to, record the events that transpired before, during and after your arrest. The manner of your arrest can be extremely important in assessing whether your arrest was properly carried out. Further, notes made at or shortly after the time of the incident are more compelling for their accuracy than notes written down later. After all, memories fade over time.
6. Consult a Criminal Lawyer As Soon As Possible After Release
A criminal defence lawyer such as Ravi Prithipaul, Q.C. will be able to discuss your situation under solicitor-client privilege. Solicitor-client privilege guarantees confidentiality: once you have contacted a lawyer for legal advice, he or she is barred from divulging your information to anyone, including the police. You accordingly have the ability to discuss your case in complete privacy with your lawyer.