If police detain you in British Columbia, you have important rights under the Canadian Charter of Rights and Freedoms. You generally have the right to know why you are detained, speak with a lawyer without delay, and choose whether to speak with police.
This guide explains your rights in general terms. It is not legal advice, and the right response depends on the facts of your situation. If you are detained or under investigation, contact a criminal defence lawyer in Vancouver as soon as possible.
What does “detained” mean?
Detention does not always mean you have been arrested. Under Canadian law, detention generally involves a significant physical or psychological restraint, compulsion, or coercion that suspends your liberty.
You may be detained if police make it clear that you are not free to leave, such as by:
- Stopping you and requiring you to remain
- Restraining you physically
- Taking you to a police station
- Holding you for questioning
- Placing you under arrest
A brief, casual conversation with police may not always amount to detention. But if you are unsure whether you are free to leave, it is reasonable to ask calmly: “Am I free to leave?”.
Your right to know why you are detained
Under section 10(a) of the Charter, a person who is arrested or detained has the right to be informed promptly of the reasons.
If you are detained, you can calmly ask:
“Am I under arrest?”
“Am I detained?”
“Why am I being detained?”
Police should inform you promptly of the reason for the arrest or detention.
Your right to speak with a lawyer
Under section 10(b) of the Charter, a person who is arrested or detained has the right to retain and instruct counsel without delay and to be informed of that right.
If you are detained, clearly say:
“I want to speak to a lawyer before answering any questions”.
Police generally have duties to:
- Inform you of your right to counsel
- Tell you about available legal aid and duty counsel
- Give you a reasonable opportunity to contact a lawyer
- Stop questioning or attempting to obtain evidence until you have had that opportunity, except in urgent or dangerous circumstances
You may choose to speak with duty counsel, legal aid, or a lawyer of your choice. Duty counsel can provide free, immediate, preliminary legal advice in many situations.
Your right to remain silent
The Charter protects a detained person’s choice about whether to speak with authorities or remain silent.
In most cases, you can say:
“I do not wish to make a statement. I would like to speak with a lawyer”.
You do not need to explain your side of the story, guess at what police want to hear, or try to convince officers that you are innocent. Anything you say may later be considered as evidence.
Your silence itself cannot be used in court to imply guilt.
What should you say if police question you?
If you are detained and want to protect your rights, use clear, calm language:
“I am choosing to remain silent”.
“I want to speak to a lawyer before answering any questions”.
“Am I free to leave?”.
Then stop talking about the allegations. Do not argue, resist, or try to explain the situation without legal advice.
If police continue asking questions, you can repeat:
“I have already said that I do not wish to make a statement. I would like to speak with a lawyer”.
What if police ask you to sign something?
Read every document carefully before signing it. Ask for a copy of anything you sign.
Documents may include an appearance notice, promise to appear, undertaking, recognizance, or release order. These documents can contain court dates and release conditions.
Do not sign a document you do not understand. You can ask to speak with a lawyer first.
What if you are released with conditions?
If you are released, you may be given conditions such as:
- Attending court on a specific date
- Living at a particular address
- Not contacting certain people
- Not attending certain locations
- Surrendering a passport or weapons, where applicable
- Following a curfew
- Reporting to police or a bail supervisor
Follow every condition exactly. Breaching an undertaking, release order, or recognizance can lead to further legal consequences.
If a condition is unworkable or you do not understand it, contact a lawyer before changing your behaviour or missing a requirement.
What if you believe the detention was unlawful?
Section 10(c) of the Charter gives a detained person the right to have the validity of the detention determined by habeas corpus and to be released if the detention is not lawful.
Do not try to argue the legal issue with police at the scene. Stay calm, do not resist, and ask to speak with a lawyer. A lawyer can later review whether the detention, search, arrest, or questioning complied with the law.
What should you do after release?
After you are released:
- Write down everything you remember as soon as possible, including the time, location, officers involved, questions asked, and documents provided.
- Keep all paperwork, including release documents, court dates, receipts, and correspondence.
- Follow every release condition.
- Do not contact witnesses, complainants, or alleged victims if a no-contact condition applies.
- Do not discuss the case on social media or with people who may later become witnesses.
- Contact a criminal defence lawyer to review the circumstances of the detention and any statements, searches, or evidence collected.
When should you contact a lawyer?
Contact a criminal defence lawyer as soon as possible if:
- You were detained, arrested, or questioned by police
- Police searched you, your home, vehicle, phone, or computer
- You were released with conditions
- You have a court date
- You are unsure whether you must speak with police
- You believe your rights may have been breached
Desbarats Law represents clients facing criminal charges and related matters in Vancouver and throughout British Columbia. If you have been detained by police or are facing criminal charges, contact Desbarats Law to discuss your situation.
Disclaimer
This article provides general information only and is not legal advice. It does not create a lawyer-client relationship. The law and the appropriate steps depend on the specific facts of each situation. If you are detained or facing criminal charges, speak with a qualified criminal defence lawyer for advice about your circumstances.