“Miranda Rights” is a term used in the United States to describe civilians’ rights upon arrest and detention. It comes from the 1966 US Supreme Court Case Miranda v Arizona, in which the Court ruled that statements made by an accused to police are only admissible in court if the accused was made aware of both their constitutional right against self-incrimination (i.e., the right to remain silent) and their constitutional right to legal counsel beforehand.

In Canada, individuals have similar rights under the Charter of Rights and Freedoms. Under section 10 of the Charter, individuals have the right upon arrest or detention to be informed promptly of the reason for their arrest, and to be given an opportunity to contact a lawyer. They have a right to contact the lawyer of their choice, and to consult them in private.

Individuals must also be informed of their right not to make any statements to police. Upon arrest or detention, police will typically give what is known as a “caution,” informing the arrested or detained person that they do not have to say anything, and that anything they say may be used as evidence against them.

You may be detained by police without being formally arrested. In this situation, you must still be given your right to counsel and caution, and you are not required to speak to police or answer questions.

If you are arrested or detained and the police do not caution you and give you the opportunity to contact a lawyer, any statements you give may be excluded at trial. It is generally advisable not to say anything whatsoever to police before you have had an opportunity to contact a lawyer.

If you have been arrested or detained without being cautioned, contact Collett Read LLP today. Call for free at (905) 541-2228 or fill out our free consultation form.