You have the right to silence in Canada. This right is guaranteed and constitutionally protected by Section 11(c) of the Canadian Charter of Rights and Freedoms. Generally speaking, you are under no need to give the police any information. That being said, there are a few exceptions to this norm. For example, you have to provide the police with your name, address, and birthdate if you are taken into custody. However, anything beyond that you say could be used as evidence, so it’s critical to maintain your composure and respectfully request your right to counsel if you are being held in custody.
The Police Want Me to Come for an Interview, Should I Go?
Your right to silence is arguably the most crucial right to keep in mind. In most cases, you are not obliged to talk to the police. However, if the police call you in for an interview, you should always get legal advice before making the decision to provide a statement.
Also it is important to ask the officer who is calling you in for an interview the following questions:
- Am I being investigated for anything?
- Why am I being investigated?
- Will I be placed under arrest when I get to the police station? (The police may or may not answer this over the phone).
The Police Want to Get My Side of the Story, What Should I Do?
It’s important to consult with a lawyer. Inform the officer that you would be willing to give your version of events via your lawyer. Check with a lawyer if you don’t already have one. Give the officer your lawyer’s contact information if you do have one. Again, you are not required to talk to the police.
Giving a statement to the authorities or giving “your side of the story” carries a significant risk. This might be a self-incriminating statement, or you could be giving information that a Crown lawyer can use against you in court. It’s understandable to want to provide the police your version of events, but getting legal counsel and support on this front will reduce the inherent danger involved in giving a statement to the police.
Can I Speak to the Police off the Record?
The short answer to this is, no. When communicating with law enforcement, there is no such thing as “off the record.” Anything you say to a police officer could be used against you in the future and is fair game. Assume that everything you say to the cops is being recorded as you converse. It is the officer’s good practice to inform you that the conversation is being recorded on audio and/or video however they do not always provide that courtesy.
You are not required to provide information to the police or help with a criminal investigation in any kind. However, if you are confused you should always speak with a lawyer on whether you must cooperate with the police or how much information you must legally provide them. You can get advice from a lawyer about what information investigators need not know from you and what you should, if anything, provide. If you or someone you know needs legal advice contact Collett Read LLP today for a free consultation. If your matter is immediate please contact us at (905) 541-2228.
