If the Calgary Police Service wants to question you as a suspect, you have an absolute right to remain silent under Section 7 of the Canadian Charter of Rights and Freedoms. Never provide a formal or informal statement without speaking to a criminal defence lawyer first.
Getting a phone call from a detective at the Calgary Police Service (CPS) asking you to “come down to the station to clear a few things up” is an intimidating experience. It is entirely natural to want to cooperate and tell your side of the story, especially if you believe you are completely innocent. However, walking into an interrogation room unprepared is one of the most dangerous things you can do to your future.
In Canada, police are trained interrogators whose primary job is to gather evidence to secure a conviction. 🚨 They are legally allowed to use psychological tactics and even lie to you during questioning. Understanding your constitutional rights and knowing exactly what to say (and what not to say) can be the difference between walking free and facing a criminal record.
Step-by-Step Process in Calgary
Whether you are pulled over in a traffic stop on Macleod Trail or approached by officers at your home in the suburbs, how you handle police interactions sets the stage for your entire legal case. Keep these crucial steps in mind if you are treated as a suspect.
Step 1: Assert Your Right to Silence
Under Section 7 of the Charter, you have the right to remain silent. 🦀 If an officer asks you questions beyond basic identification (your name, address, and date of birth), you should politely but firmly decline to answer. You can simply state, “I do not wish to provide a statement, and I am exercising my right to remain silent.”
Step 2: Demand to Speak to a Defence Lawyer
If you are detained or officially arrested, Section 10(b) of the Charter guarantees your right to retain and instruct counsel without delay. Tell the police immediately, “I want to speak to my lawyer.” Once you make this demand, the police must generally stop questioning you and provide you with a private telephone to contact your law firm or duty counsel.
Step 3: Do Not Fall for “Off the Record” Chats
There is absolutely no such thing as an “off the record” conversation with the Calgary Police. 📝 From the moment you are in the back of the police cruiser to the casual chat by the station coffee machine, everything you say is being recorded and will be used as evidence against you in court. Maintain your silence entirely.
How Much Does a Criminal Defence Lawyer Cost in Calgary?
If you are being investigated for an indictable offence or a summary conviction, hiring private legal counsel is a critical investment. Unlike personal injury lawyers, criminal defence lawyers in Alberta do not work on contingency; they charge flat block fees or retainers upfront.
| Initial Consultation & Advice | A meeting to discuss the police investigation and advise you on how to handle immediate questioning. | Free to $500 CAD |
| Bail Hearing Representation | If you are arrested, a lawyer will argue for your release from the Calgary Remand Centre. | $1,000 – $3,500 CAD |
| Trial Retainer | The upfront fee to handle your entire case, negotiate with the Crown, and defend you in court. | $3,500 – $15,000+ CAD (varies by complexity) |
How Long Does an Investigation Take?
Police investigations do not operate on a strict timetable. ⌛ The Calgary Police Service may investigate an alleged offence for several weeks or even months before formally laying charges. For some historical offences, there is no statute of limitations in Canada, meaning charges can be laid years after the incident allegedly occurred.
Frequently Asked Questions (FAQ)
If I am innocent, shouldn’t I just tell the police the truth?
No. Even innocent statements can be taken out of context or used to place you at the scene of a crime. Your defence lawyer is the only person who can safely communicate with the police on your behalf without risking your freedom.
Can the Calgary police legally lie to me during questioning?
Yes. Canadian law permits police officers to use certain deceptive tactics during interrogations, such as falsely claiming they have video footage of you or that a co-accused has already confessed to the crime.
Am I legally required to go to the police station if they call me?
If the police simply invite you for a chat, you are not legally required to go. You only have to go with them if you are formally detained or placed under arrest. Always ask, “Am I under arrest, or am I free to leave?”
Will staying silent make me look guilty to the judge?
Absolutely not. The right to silence is a fundamental pillar of the Canadian justice system. A judge or jury cannot legally use your silence or your request for a lawyer as evidence of your guilt.
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