in canada do the police have to stop talking to you when you ask for a lawyer

The police must stop questioning you until you have talked to a lawyer in private. The police must allow you to call the lawyer you want to speak to more than once if there is no answer on the first try. If after several tries you still can't reach the lawyer and they have not called you back, the police must let you talk to a different lawyer.

Full Answer

Do you have to say anything to the police in Canada?

You don't have to say anything. The exception to this is if you're driving. When you're driving, you must identify yourself to the police. The Canadian Charter of Rights and Freedoms protects your right to remain silent. Anything you say to the police may be used as if you're charged with an . .

Can I talk to a lawyer when I'm arrested in Canada?

The Canadian Charter of Rights and Freedoms protects your right to talk to a lawyer without delay when you're detained or arrested. In most circumstances the police must tell you that you have this right. If you ask, the police must allow you to contact a lawyer. You must be allowed to talk to the lawyer in private.

Can I talk to the police without a lawyer?

The police may have a duty to give you the opportunity to talk to another lawyer. You are allowed to call someone who is not a lawyer if the purpose of the phone call is to get help to find a lawyer. The rights related to talking to a lawyer are called the right to counsel. Always talk to a lawyer before you talk to the police.

What are your rights when stopped by the police in Canada?

Your Rights when Stopped by the Police (in Canada) Your rights are enshrined in Canadian Charter of Rights and Freedoms. It’s important to know your legal rights when dealing with the police. These rights form part of the foundation of our legal system and are in place to protect your privacy and liberty.

Can police question you after you ask for a lawyer Canada?

Once you have spoken to a lawyer, the police may continue to ask you questions. Even if you say that you do not want to answer, they can continue to ask. However, you have the right to remain silent and do not have to answer.

Can police question you after you ask for a lawyer?

Being questioned without legal advice Once you've asked for legal advice, the police can't question you until you've got it - with some exceptions. The police can make you wait for legal advice in serious cases, but only if a senior officer agrees.

Can police interrogate you without lawyer Canada?

Unless you are under 18, the police do not have to let you have a lawyer with you while they question you. If you have spoken to a lawyer, the police do not usually have to let you speak to a lawyer again during the same interview.

What are my Rights when dealing with police in Canada?

In most cases, you are under no obligation to answer any questions asked by the police. This is the your right to silence, or right to not self-incriminate. However, always maintain a friendly and polite attitude while dealing with an officer.

Should you immediately ask for a lawyer?

You should request an attorney immediately if you are being questioned about a crime and you may be the target of the investigation. You should request an attorney if the answers may incriminate you. Perhaps just as importantly, you should request an attorney if you are not sure.

What happens when someone asks for a lawyer?

Although asking for an attorney requires officers to cease questioning you, they may still arrest you if they think you have committed a crime or they have enough reason to believe you have committed a crime. If you spontaneously or voluntarily speak without being questioned, your words can be used against you.

Can you stay silent during interrogation in Canada?

In Canada, everyone has the right to remain silent but it does not operate in the exact same way as in the United States. While no accused person in Canada can be forced to testify at their own trial, if an accused decides to testify then they must answer all questions asked of them.

Can you record police in Canada?

You have a constitutionally-protected right to film on-duty police officers.

Can police lie to you Canada?

It is to collect evidence against you. Unfortunately, the law in Canada allows the police to lie to you to further their investigation, so do not ask the police what you should do or rely on their advice. 5. Destroying evidence.

Can you plead the fifth in Canada?

In the United States, the Fifth Amendment permits a witness to refuse to answer any question that may incriminate them (a.k.a. “taking the fifth” or “pleading the fifth”). This is not how the law works in Canada. In Canada, a witness can be forced to answer incriminating questions.

Can a cop pull you over for no reason in Canada?

But what many do not know until a lawyer breaks the news to them is this: the Ontario Highway Traffic Act allows officers to stop a motor vehicle for any reason, or no reason, even if the driver is not committing an offence. Other provinces have similar laws. That is because driving is a privilege, not a right.

Can you have a lawyer present during questioning Canada?

The Human Rights Committee has confirmed (see para. 15) that this requires state parties to give full effect to the rights “to have counsel present during interrogation”.

What happens if you lie to the police?

If you lie to the police, you can be charged with. obstructing justice. . Ask to talk to a lawyer right away if you've been detained or arrested, and the police are asking you questions.

What do you need to show when you are stopped driving a car?

When driving a motor vehicle. If you're stopped while driving a motor vehicle, you must show the following to the police when asked: your driver's licence. your vehicle's registration. proof of insurance documents.

Can police stop you while riding a bicycle?

When riding a bicycle. The police can stop you while you're riding a bicycle if they think you've broken a provincial or municipal traffic law. If this happens, you must give the police your name and address. If you refuse, they can arrest you.

Do you have to talk to the police when you are arrested?

When you are or you are not free to go. But you don't have to talk to the police when they have detained or arrested you. You don't have to answer their questions or give them your name or address if you don't want to. You don't have to say anything. The exception to this is if you're driving.

What to do if police think someone committed an offence?

If the police think a person may have committed an offence, it is not unusual for them to contact the person and ask them to give a statement about the incident. They may call and say they want to “set up a meeting” to “discuss an incident.”.

What to do if you are unsure about cooperating with the police?

If you are unsure about whether you have to cooperate with the police, or how much information you are legally required to give the police, you should always consult with a lawyer. A lawyer can help advise you about what you have to tell investigators (if anything), and what information you do not need to provide.

What to do if police want to meet you?

If the police want to meet with you, you should consider calling a lawyer for advice before meeting with them. (See below.) If you meet with the police and they tell you that you are under arrest or that you are being detained, tell them you want to speak to a lawyer immediately. You have the right to speak with a lawyer before ...

What information do you need to tell police when you are arrested?

If you are arrested, you must tell the police your name, address, and date of birth. If you are the driver or registered owner a motor vehicle, the Traffic Safety Act requires that you provide information to the police in certain circumstances. For example, the driver of a vehicle involved in an accident is required by law to complete collision ...

What happens if you are innocent and you are told two different versions of what happened?

There may be “another side to the story,” but if the police are told two different versions of what happened, they will often decide to lay a criminal charge and let the matter get sorted out in court. Even if you are innocent, there are still risks to speaking with the police.

Can you be off the record with a police officer?

There is no such thing as “off the record” with a police officer. Anything you tell a police officer, at any time, can be used against you. It is also important to remember it is not just signed or written statements, or formal audio or videotaped statements, that can be used against you.

Can you lie to the police?

No. While you have the right to remain silent, you do not have the right to lie to the police. Lying to a police officer who is investigating an offence may constitute “obstructing a peace officer” or “obstruction of justice.” These are serious criminal offences in themselves. If you are charged with an offence, lying to police will also hurt your ability to defend yourself in court.

What to do if the police say no?

This can be done simply by asking the officer if you are under arrest or detained. If the officer say no, you may leave. If the officer says yes, ask for what you are arrested or why you are being detained. You have the right to be informed why the police are arresting or detaining you.

What are the circumstances where a police officer may stop you?

There are three general circumstances under which a police officer may stop you: If they see you committing a crime. If they suspect you have committed a crime. If you are driving. Unless you have been arrested or detained by the police, you are free to go.

What to do if you are under the influence of alcohol?

If the police suspect you have been drinking alcohol or have been impaired by a drug, the officer may ask you to conduct a field sobriety test, provide a breath, or provide a saliva sample to determine if you are under the influence.

What happens if you are pulled over by the police?

If you have been pulled over by the police when you are driving, the police are typically allowed to ask you questions regarding your driver licencing, registration, and insurance. The police are tasked with ensuring roadway safety, including ensuring that you are not impaired by drugs or alcohol, and that your vehicle is mechanically safe to drive.

What does it mean when you are arrested in your car?

If you have been arrested in your car, the police have the power to search your car as well. The purpose of the police search upon arrest is to ensure the safety of the officers and the public, to uncover evidence related to the offence, and to prevent the destruction of evidence.

What happens if you see an illegal substance in your vehicle?

If they see an illegal substance in your vehicle in plain view, they will place you under arrest and then have the ground to search your vehicle for officer safety and for the purpose of their investigation.

Why is it important to know your rights when dealing with the police?

These rights form part of the foundation of our legal system and are in place to protect your privacy and liberty. A failure to know and utilize these rights can lead to there erosion and put you in greater legal jeopardy.

What to say

Just say, “I want to talk to a lawyer.” The police should stop questioning you as soon as you ask for a lawyer. You don't have to say anything else. If the police keep asking questions, don't say anything. Ask again to talk to a lawyer.

Your rights

You have the right to talk to a lawyer. The police must tell you that you have this right. If you tell the police you want to talk to a lawyer, the police must allow you to contact a lawyer. You must be allowed to talk to the lawyer in private.

Services while in custody

If you need to talk to a lawyer while you're in , the police must tell you about the Brydges duty counsel service. This is a service provided by Legal Aid Ontario. It gives free legal advice to anyone in Ontario who is or arrested. It is available 24 hours a day, 365 days a year.

What to do if police ask you questions?

You don't have to say anything else. If the police keep asking questions, don't say anything. Ask again to talk to a lawyer. If you do not speak or understand English, tell the police so that they can take steps to make sure that legal advice is given through an interpreter or a lawyer who speaks your language.

What are my rights if I'm arrested?

What are my rights if I’m detained or arrested? Next Steps. 1. Ask why you’re being detained or arrested 2. Do not resist being detained or arrested 3. Ask to talk to a lawyer 4. Remain silent 5. Let the police do their search. 3.

How long does it take to get back to duty counsel?

If duty counsel is not available, the officer can leave a message and duty counsel should call you back within 30 minutes.

Can you talk to a lawyer in private?

You must be allowed to talk to the lawyer in private. The exception is if you have been pulled over while driving for a. Highway Traffic Act. reason or for a roadside breath test. If you still do not understand your rights after talking to a lawyer you should clearly tell the police.

Can you call someone who is not a lawyer?

You are allowed to call someone who is not a lawyer if the purpose of the phone call is to get help to find a lawyer. The rights related to talking to a lawyer are called the right to counsel. Always talk to a lawyer before you talk to the police.

Can police stop questioning you?

The police must stop questioning you until you have talked to a lawyer in private. The police must allow you to call the lawyer you want to speak to more than once if there is no answer on the first try.

Your rights

The rights related to talking to a lawyer are called the right to counsel. The police must tell you about your right to counsel without delay.

Services while in custody

If you need to talk to a lawyer while you're in , the police must tell you about the Brydges duty counsel service. This is a service provided by Legal Aid Ontario. It gives free legal advice to anyone in Ontario who is detained or arrested. It is available 24 hours a day, 365 days a year.

Which amendment gives you the right to refuse to answer questions?

The first is your Sixth Amendment right to counsel; the second is your Fifth Amendment right to refuse to answer any questions. The Supreme Court has ruled that both rights must be clearly and unequivocally invoked in order for statements made later to be ruled inadmissible.

What happens if a judge finds you indigent?

If the judge found you to be indigent, he would appoint counsel for you. The judge, not the defendant, decides whether the defendant can afford to hire a lawyer. I've seen several cases where a defendant had resources, but didn't want to expend them on legal counsel.

What happens if you invoke the 6th amendment?

If someone were to invoke their Sixth Amendment right to counsel, but then continue to answer questions from the police willingly, they would run the risk of the court finding a waiver of their Fifth Amendment rights. There are two separate rights that you want to invoke when asking for a lawyer.

Is a policeman your friend?

All of this adds up to one fact: generally speaking, the policeman is not your friend. Although they pretend to be, to get you to admit to things that you may or may not have done. Google "why you shouldn't talk to police" and watch the YouTube videos, especially the second one, a lecture by a cop.

Can you be released if you have enough evidence?

There may be a couple variations to these options but these are basically what would occur. The short answer is that you would most likely be released, unless they have enough evidence to charge you with a crime. Either way, informing them you want a lawyer and choosing not to talk is ALWAYS your best bet.

Can Miranda be used in a trial?

That doesn’t mean the case can’t proceed. Rather, it can and often does proceed, minus the statements.

Can a police officer interrogate a person in custody?

As far as Miranda itself goes, briefly, the rule is that before a police officer can interrogate a subject who is in custody, the subject must be advised of his Miranda rights. Note the two concepts: interrogation ( viz ., questioning) and custody.

Why don't you talk to the police?

Do not talk to the police. 2. Because they think that if they ask for a lawyer, the police will think they are guilty. This is not true. It is ALWAYS smart to ask for a lawyer. 3. Because they want to tell their story. Don’t tell your story to the police. After you speak to your lawyer, you can talk about how to tell your story.

Why do police want to talk to you?

They want to talk to you because they have some evidence that you committed a crime. It could be a statement from someone who believes they saw you commit a crime. Or it could be a statement by one witness who lied to the police to get you in trouble.

Why do you need a lawyer when you are questioned?

5 Reasons to Ask for a Lawyer when questioned by Law Enforcement. If you are in the military, the military police (or other law enforcement personnel) have to tell you what crime you are suspected of before they question you. They also have to tell you that you have a right to remain silent. And they have to tell you that anything you say can be ...

Did the police officer tell you the weapon used was a gun?

At trial, the police officer testifies that he had never told you that the weapon used was a gun. The police wonder why you mentioned a gun. But, you remember the first police officer who brought you in for questioning told you that the crime involved a gun.

Can you crucify a police officer if they don't recall your testimony?

Even if you are innocent and tell the truth and you don’t tell the police anything incriminating, there is still a chance that your answers can be used to crucify you if the police do not recall your testimony with 100% accu racy. Example : “I don’t know who killed John. I’ve never touched a gun in my life.”.