If you are arrested by the Halifax Regional Police, invoke your right to remain silent and immediately ask to speak to a lawyer. You are legally entitled to contact Nova Scotia Legal Aid duty counsel for free legal advice at any time.
Being detained or placed under arrest is an incredibly stressful and intimidating experience. Many people panic and mistakenly believe they can talk their way out of the situation. Unfortunately, speaking to law enforcement without a proper legal defence strategy often makes the situation much worse.
Under the Canadian Charter of Rights and Freedoms, you possess fundamental legal protections. Knowing exactly how to handle an interaction with the Halifax Regional Police (HRP) or local RCMP can profoundly impact the outcome of your case. Your primary goal is to protect your rights while remaining physically safe.
Step-by-Step Process if Arrested in Halifax
Whether you are pulled over for impaired driving on the Bedford Highway or questioned in Downtown Halifax, the rules remain the same. The steps you take in the first few hours are crucial to your defence.
Step 1: Remain Calm and Do Not Resist
Never argue, struggle, or try to run away from an officer. Resisting arrest can lead to additional criminal charges and physical harm. ⚠ Keep your hands visible at all times and speak in a polite, controlled tone. You are required to provide basic identification, such as your true name, date of birth, and current address.
Step 2: Invoke Your Right to Silence
Under Section 7 of the Charter, you are not obligated to answer police questions about an alleged offence. Simply state clearly: “I choose to remain silent and I will not answer any questions.” After making this statement, remain completely silent. Do not try to explain your side of the story.
Step 3: Demand to Speak to a Lawyer
Under Section 10(b) of the Charter, you have the right to retain and instruct counsel without delay. Once you arrive at the Gottingen Street headquarters or a local detachment, demand to use the telephone to contact a lawyer. The police must stop questioning you until you have had a private conversation with legal counsel.
Step 4: Contact Duty Counsel or a Private Law Firm
If you do not already have a criminal defence lawyer, tell the police you want to speak to Nova Scotia Legal Aid Duty Counsel. This is a free, 24-hour service provided to anyone who has been arrested in the province.
How Much Does a Lawyer Cost in Halifax?
Connecting with duty counsel from the police station is entirely free. However, if you are formally charged and need representation in court, costs will vary:
- Initial Consultation: Many private law firms offer a free 30-minute consultation, though some may charge a nominal fee of $100 to $300 CAD.
- Bail Hearing (Show Cause): Retaining a lawyer for an initial bail hearing typically costs between $1,000 and $3,000 CAD.
- Summary Conviction Matters: Resolving less serious charges often requires a retainer of $2,000 to $5,000 CAD.
- Indictable Offences: Complex criminal trials can easily cost upwards of $10,000 CAD depending on the required preparation and court time.
How Long Can Police Hold You?
In Canada, the police cannot hold you indefinitely. ⌛ Generally, if you are not released directly from the station on an Undertaking or Promise to Appear, the police must bring you before a judge or Justice of the Peace for a bail hearing within 24 hours of your arrest.
| Action | What to Say / Do | What to Avoid |
|---|---|---|
| Providing ID | Give your true legal name and address. | Do not provide fake names or documents. |
| Questioning | “I wish to speak to my lawyer.” | Do not apologize or explain yourself. |
| Phone Call | Call Duty Counsel or a trusted contact. | Do not discuss the crime on the phone. |
Frequently Asked Questions (FAQ)
Can the police search my phone?
Generally, police cannot search the contents of your mobile phone during a standard arrest without a specific search warrant authorized by a judge.
Do I have to take a breathalyzer test?
Yes. If police make a lawful demand for a breath sample at the roadside in Halifax, refusing to comply is a criminal offence that carries penalties equal to or greater than a DUI.
Will I get a phone call right away?
Police must allow you to contact a lawyer as soon as it is practically safe to do so. This usually happens upon arrival at the police station holding area.
Can the police lie to me during an interrogation?
Yes, Canadian law generally permits police officers to use certain deceptive tactics, such as claiming they have evidence they do not actually possess, to secure a confession.
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