Getting arrested is far from being a pleasant experience but knowing what to do and how to behave when you’ve been arrested can help secure a good outcome for your case. Here are the 3 rights that you must know in case of an arrest in Canada along with further information on how to exercise them.
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Right to Speak With Your Chosen Counsel
The right to have an
attorney is a fundamental right and is protected under the Canadian Charter of
Rights and Freedoms. No matter what charge you’ve been arrested for (serious or
petty), the police are obligated to help you contact your lawyer and to not
force you to take a government lawyer if your chosen lawyer is not immediately
available.
Note too that under this
right, you also have the right to talk to your lawyer even when you’re not
under arrest, such as in circumstances when the police request that you speak
to them or go to the station. This is because details you may share may be used
against you later. By having a criminal lawyer to consult with, you can better
protect yourself against jeopardizing yourself.
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Right to Know What You’re Charged With
The police are obligated
to inform you of the reason behind your arrest and what charges are filed
against you. This is so that you will be able to make an informed decision
regarding what information to share and what steps to take.
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Right Against Unreasonable Search or Seizure
Personal privacy,
information, and other details are protected in Canada. This means that police
officers do not have the right to search your possessions unless they have
probable grounds to do so or if they can present a search warrant. If the
officers have a probable cause, then you are expected to comply to avoid being
charged with obstruction.
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Criminal cases may be dismissed or withdrawn at trial if it can be proven that the accused person’s rights have been violated by the arresting officer.