What are my rights if I am arrested or detained?

Question: 
What are my rights if I am arrested or detained?
Answer: 

The Charter of Rights and Freedoms, which is part of the Canadian Constitution, sets out your rights.

If you are arrested or detained, you must be:

·         told why you have been arrested or detained,

·         told immediately that you have the right to a lawyer,

·         told about Legal Aid and your right to free legal advice, and

·         allowed to speak to a lawyer, in private, as soon as possible, if you ask to do so.

If you are under the age of 18, you should also be allowed to contact your parents or guardian and to have them with you when you talk to police, if you want them there. You do not have to choose between calling your parents or guardian and calling your lawyer. You can do both.

Related Resource: 
Resource notes: 

For more information on this topic visit: Criminal Law – Rights of accused.

Was this helpful?

Was this helpful?

We cannot respond to your question or comment without your email address. We will not share any information you provide us with anyone.

No need to provide your address but knowing your location will help us serve you better.

By submitting this form, you accept the Mollom privacy policy.