The process of being questioned by police is intimidating in Canada. Your rights are put to work for you so that you do not incriminate yourself.
The Canadian Charter of Rights and Freedoms guarantees basic entitlements, such as your right to silence and your right to counsel. Knowing how to navigate these situations will better protect you from any possible legal troubles and will enforce your rights.
The Right to Remain Silent
One of the best rights you have in interrogation by the police is the right to silence. You are not compelled to answer any question that has the tendency to incriminate you. However unpleasant it may be, even suspicious, it is your legitimate right, and the exercising of this right cannot be held against you in court. Be polite but firm, and clearly say, “I wish to remain silent.”
Consulting an Attorney
You have a right to consult with a Mississauga criminal lawyer before responding to any police questions. This is a very important step in that legal advice will enable you to understand your rights, and what to do during questioning.
A lawyer can advise you on the nature of the investigation and whether certain questions may be damaging for you. Demand to speak first to an attorney before making any substantive discussion with the police. Do not let coercion, pressure, or sense of urgency violate this right.
Don’t Volunteer Any Information
It’s very important not to volunteer any more than your name and address if you have to give that out. Many conversations with police are casual, but planned. Anything you say can and may be used against you at a later time. Speculation, explanation, or attempting to prove your innocence on the spot may lead to incriminating evidence.
Keep Cool and Courteous
Keeping calm and respect is the most important thing during police interrogation. Becoming angry or even hostile may escalate events and make worse a situation that, otherwise, would not be that bad.
Even when you believe your rights are being denied, state your position cordially, without arguing, citing legal protections. Your calmness can speak much on how you are in control and informed about your rights.
Understanding Trick Questions
Police are trained in the use of various techniques to elicit information from an individual. This includes the use of tricky questions. The police, for example, can phrase questions based on assumptions that one has done something wrong and may inadvertently lead one to confirm such assumptions.
Examples of these are “Why did you do it?” and “What time were you at the scene?” These are meant to be leading questions that can give way to admissions, even for a person who is innocent. To these types of questions as well, say that you wish to remain silent.
Documentation
If you are being questioned, try to remember or write down as much as possible about what happened. Write down the officers’ names, badge numbers, and the time and place of the questioning. If possible, ask that the questioning be recorded. Records are useful if you want to challenge the legality of the questioning or prove that your rights were violated.
Leaving the Scene
After asserting your right to remain silent and request a lawyer, you can inquire if you are free to leave. The police have to release you if they do not have any grounds to detain you. Do not linger any longer than necessary. The less you do, the less you give the opportunity for further questions. If you are being detained or arrested, be silent and request a lawyer.
Successful police interrogation requires a complete knowledge of your rights and how to assert them with confidence. The ability to remain silent, consult an attorney, and stay cool will go a long way in ensuring you don’t say anything against yourself and that your rights are protected in court.
Remember that the manner in which these situations are handled can determine what might be a very lengthy outcome in a court of law, so respect these protections.
