The Charter of Rights and Freedoms provides substantial protection against government action, including from the police. These rights include protection at every stage of the criminal investigation process. Charter rights offer protection against unlawful search and seizure, guarantee that you are immediately informed of the reason for arrest and ensure that you are provided with the right to speak with a lawyer upon arrest. Many criminal charges are withdrawn or dismissed as a result of the failure of police to comply with your Charter rights.
If you are questioned by police in relation to an alleged offence, we almost always recommend that you exercise your right to silence. Importantly, you are never compelled to make a statement to the police when you are detained or under active investigation. Doing so is almost never to your advantage.
If a police officer asks to enter your home, search your car, or other property, you are not required to consent. We will generally recommend that you demand a warrant and that you not consent to the search.
The best course of action is to contact an experienced criminal defence lawyer to understand your rights. We will provide practical advice that will assist you in dealing with the police. Call us today.
Many criminal cases are won or lost on the police's compliance with your Charter rights. Contact us to understand your rights and to ensure that you are not pleading guilty where you may have a viable defence.
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