Know Your Legal Rights

the right to remain silent

Your right to remain silent is constitutionally protected under section 7 of the Charter of Rights and Freedoms. While the police are free to ask you questions during their investigation, you are not obligated to answer them regardless of whether you are detained, being investigated or arrested. The purpose of this right to ensure you make a meaningful choice as to whether to remain silent or to speak to police. Anything you say to police can be used against you at trial. If you do choose to speak to police, however, you must tell the truth - misleading or lying to police can result in criminal charges (i.e. for obstructing justice or a police officer).

the right to retain and instruct counsel without delay

Upon your arrest or detention, you have the right to retain and instruct counsel without delay. This right is protected under section 10(b) of the Charter. The purpose of this right is to allow you to be informed of your rights and obligations under the law and to obtain advice as to how to exercise those rights. This is to make your decision to cooperate with the investigation or to decline to do so is free and informed. The police have an obligation to both (1) inform you of this right, and (2) provide a reasonable opportunity for you to speak to counsel.

the right to be promptly informed of the reason for detention or arrest

Upon your detention or arrest, the police are required to inform you of the reasons for your detention or arrest. The right to retain and instruct counsel is intimately tied to the right to be promptly informed of the reason for detention/arrest. This right is protected under section 10(a) of the Charter. This right recognizes that an individual must understand the reasons for their detention or arrest, and thus the extent of their criminal jeopardy, if they are to meaningfully instruct counsel.

the right to be secure against unreasonable search and seizure

Under section 8 of the Charter, everyone has the right to be secure against unreasonable search and seizure. This right is aimed at protecting individuals’ right to privacy and ensures police do not unjustifiably intrude on your personal, informational or territorial privacy. A search or seizure is justifiable or reasonable where the police have the appropriate search warrant. If the search/seizure is warrantless, the police must meet certain legal thresholds to justify the search. If a warrantless search/seizure is unreasonable, you can apply to have the evidence adduced from the unreasonable search/seizure excluded at trial.

the right to be tried within a reasonable amount of time

Anyone charged with a criminal offence has the right to have a trial within a reasonable amount of time. This right is protected under section 11(b) of the Charter and ensures a person facing criminal charges, who is presumed innocent, will not unduly wait for the outcome of their criminal matter.

In the case of R. v. Jordan, the Supreme Court of Canada held that a “reasonable amount of time” to be tried in is 18 months (from the date of your charge) for a matter proceeding in the Ontario Court of Justice and 30 months (from the date from your charge) for a matter proceeding in the Superior Court of Justice.

the right to be presumed innocent until proven guilty

Anyone charged with a criminal offence has the right to be presumed innocent until proven guilty. The presumption of innocence is protected under section 11(d) of the Charter. You are not required to prove your innocence. The Crown (i.e. the prosecution) bears the burden of proving your guilt beyond a reasonable doubt. You are only legally guilty if (a) you plead guilty, or (b) a judge or jury finds you guilty following a trial.

Disclaimer: Please note that this article is not legal advice. It is simply intended to be a simplified explanations of the criminal process in Ontario. There may be differences, however, in different jurisdictions or courthouses within Ontario based on their own rules, regulation or common practices. If you’ve been charged with a criminal offence or are anticipating potential charges, don’t hesitate to reach out to a lawyer for a consultation to discuss the particulars or details of your case.