Most Ottawa residents know what Canada’s Charter of Rights of Freedoms is, but if you are ever placed under arrest, you might not know how it helps you. You are entitled to very important rights under the Charter; they are so important that if the police do not observe these rights, the courts can refuse to admit evidence obtained by the police, which could result in charges being dismissed by the court or dropped by the crown attorney.
If you are ever asking yourself, ‘what are my rights upon arrest?’ Here they are:
- Every person who is under arrest or detention has the right to be promptly informed of the reasons for the arrest.
- Every person who is under arrest or detention has the right to speak to a lawyer without delay. The police must inform the person of the right to speak to a lawyer and the police must also ensure that the person under arrest can access a lawyer.
- The police must advise the person under arrest of the right to speak to a lawyer and this must be done in a language that is clearly understood.
- The police must also advise the person under arrest that if they cannot afford a lawyer, a lawyer can be provided to speak to the person free of charge.
At the police station when you are being processed, issues can often arise when the police are giving you your right to consult a lawyer. For example, was an interpreter available if language was an issue? Were accommodations made if the legal advice was not understood? Was there adequate privacy for your call? Did you want to speak with a specific lawyer? Were you permitted to leave a message for the lawyer of your choice to call you at the police station? If any of these issues arose during your arrest, you want to ensure you discuss this with your lawyer.
Experienced criminal defence lawyers at Auger Hollingsworth can give you the advice you need to protect your legal rights. Contact a criminal defence lawyer at Auger Hollingsworth at 613-233-4529 or at [email protected]