Common Questions

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The police want to talk to me: do I need to speak to the police?
Every person in Canada has two fundamental rights: the right to remain silent and the right to retain and instruct a lawyer. If the police ask you for information and you believe they consider you a suspect, a basic rule of thumb is to politely ask for a chance to talk to a lawyer before you answer and to remain silent until you make contact with a lawyer.

There are certain situations in which you may be required to respond to police demands. For example, a motorist involved in a motor vehicle accident is obliged to provide a collision report. Similarly, a police demand for a screening sample of breath or other bodily substance, or for a roadside sobriety screening test, does not usually allow for contact with a lawyer.

Moreover, the right to silence does not allow you to mislead the police. To lie to the police, obstruct the police, or interfere with the execution of their duties is a criminal offence.

However, as a general rule, it is advisable to ask for an opportunity to consult with a criminal lawyer and to receive legal advice before providing any detailed information to a police officer. This would apply to situations where the police ask you to come to the police station for an interview. It is very important to speak to a lawyer before you respond or make any decisions about whether to go to the police. Many people do not realize that the police are allowed to use various tactics, including lying to people, in order to persuade them to cooperate. In doing so, a person may end up incriminating himself or herself.

Know your rights: contact defence counsel before you speak to the police.