What You Need to Know If the Police Want to Speak with You

If the police want to talk to you, it is important to be aware of your rights under the Canadian Charter of Rights and Freedoms, as well as your obligations.

Knowing how to handle this potentially awkward situation can prevent a host of problems further down the track.

In most cases, you only must supply very limited information to the police and it’s unwise to speak without first obtaining legal advice. Even if you do not think you are a suspect, talk to a lawyer first so that you can make an informed decision, that will not have adverse effects on your possible defence.

After you are arrested, you must cooperate by telling the police your name, address, and date of birth. There are also a couple of other scenarios where you are required to give more information:

• If you’re the driver/registered owner of a motor vehicle, the Traffic Safety Act requires that you provide a completed collision statement to the police.
• If you’re participating in a regulated activity (such as commercial truck driving or hunting), the regulations that govern the activity may require you to provide certain information to the police or regulators.

Beyond this, it’s generally best to speak to a criminal defence lawyer before saying too much to law enforcement.

The best advice any lawyer can give a person who has been contacted by police, is to say nothing. Repeatedly ask to speak to a lawyer and say nothing until you have done so.

Should I lie to the police?

You have the right to remain silent. Rather than lying to police, just say nothing. In many cases, police know more than they are telling you. If you lie, there is a very strong chance they will know and it will cause you more problems than if you just refused to speak. Many people think that they can outsmart the police by lying – this very rarely works so there is no point in trying. If your matter proceeds to trial, these lies will likely be exposed and your credibility will be significantly damaged.

If the lie is discovered, you may be charged with obstructing a peace officer or “obstruction of justice”, which are serious criminal offences that can further blot your record.

Can I refuse to talk to the police?

If you’re arrested, you’ll usually need to confirm your name, address, and date of birth.

If the police just want to ask you some questions, it usually means that they are at the start of an investigation that may or may not be directed at you.

It may be about an incident that involved you or that you witnessed, or that you may have valuable information about.

However, it’s generally best to assume that if a police officer wants to talk to you, it could lead to criminal charges and you should start preparing. No criminal charge against you may result but at this early stage, you can’t be too sure. The best advice is to act with some caution and avoid doing or saying anything to incriminate yourself.

Even if the police are friendly with you and encourage you to be open, it is unlikely to be the casual chat it’s painted as. Depending on the nature of the investigation, the police may be looking for evidence to use against you.

What are your rights if the police want to talk to you?

Suspects and witnesses to crimes in Canada can decide whether to cooperate with police requests for information and answer their questions.

The right to remain silent is one of the most basic rights under the Charter and it can be exercised if you don’t want to talk to the police.

Another basic right is the right to retain and instruct counsel without delay, which applies if you’ve been detained, arrested or charged with a crime by the police.

Check with a criminal defence lawyer if you are a suspect in a crime or have been detained, arrested or charged and are unsure what you should say or do.

When does the right to remain silent apply?

The right to remain silent can be exercised if the police request information in person, by phone call, by text, through social media or by email.

Even if you have not been detained or arrested, it is important not to say anything that may incriminate you. The decision to remain silent may be sensible — but it’s best to check your specific circumstances with a criminal defence lawyer first to avoid unwanted complications with the police because of an exception to the “right to silence” rule.

Most importantly, you want to avoid being charged with a separate criminal offence. So, avoid doing any of the following:

• Confirming that the police have dialled/texted the correct phone number.
• Confirming your address.
• Indicating that you have no information about the matter in question.
• Denying you have ever been present in a specific location.
• Admitting or denying you know another person or that a conversation with another person took place.

Such statements may get you in trouble.

Talking to the police can lead to criminal charges even if you’re innocent of the crime being investigated

This can’t be stressed strongly enough: even if you’re innocent of the crime that police are investigating, you can still be charged with a separate criminal offence.

Making false statements to the police or telling the police two conflicting versions of the same event at different times can get you in trouble.

That is far less likely to happen if you have a lawyer present when you talk to law enforcement. Before the chat, you can review previous statements confidentially with your lawyer. Either you can confirm the statement or correct it in a way that doesn’t lead to a criminal charge.

Hiring a lawyer doesn’t make you look guilty

It is normal for a lawyer to be present if the police ask to speak to you. Unlike how it’s often portrayed in the movies, it doesn’t make you look guilty.

Most times, the police are comfortable with the presence of a lawyer and consider it a normal part of the investigation process. A law enforcement officer may be more likely to explain to a lawyer why you’re being questioned than if you are interviewed alone.

Call us to arrange a confidential consultation

To speak with Cory Wilson or arrange a free, no-obligation consultation with Wilson Criminal Defence, call 403-978-6052 or email us here.