If you are arrested by the Toronto Police Service, you have a Charter right to remain silent and a right to speak to a lawyer immediately. Do not answer any questions, politely ask to call a criminal defence lawyer, and wait for their legal advice before making any statements.
Seeing the flashing lights of a Toronto Police Service cruiser or having detectives knock on your door can induce instant panic. In the heat of the moment, many people make the critical mistake of trying to “explain their way out” of an arrest. Unfortunately, anything you say will be meticulously recorded and used by the Crown Attorney to build a case against you.
Whether you are pulled over in Scarborough for an impaired driving investigation, or questioned downtown about a serious indictable offence, knowing your constitutional rights is your absolute best defence. 😨 The Canadian Charter of Rights and Freedoms provides heavy protections for anyone detained by law enforcement. This guide explains exactly how to protect yourself during an arrest in Ontario.
Step-by-Step Process in Toronto, Ontario
Being taken to a Toronto police division, such as 14 Division or 51 Division, is intimidating. Officers are highly trained in interrogation techniques. You must remember these specific steps to protect your future. 📈
Step 1: Stay Calm and Do Not Resist
If an officer tells you that you are under arrest, comply physically. Do not argue, do not pull your hands away, and never touch the officer. 🚨 Resisting arrest or fleeing will result in additional, very serious criminal charges, and it will make getting bail much more difficult.
Step 2: Exercise Your Right to Silence
Under Section 7 of the Charter, you have the absolute right to remain silent. You must provide your name, address, and date of birth to confirm your identity, but nothing else. 📝 Simply state clearly: “I wish to remain silent and I will not answer any questions without a lawyer present.” Then, stop talking.
Step 3: Demand Your Right to Counsel
Under Section 10(b) of the Charter, the police must inform you of your right to retain and instruct counsel without delay. Take them up on this immediately. 📱 Ask to call your specific Toronto criminal lawyer. If you do not have one, demand to speak to Duty Counsel, which is a free lawyer provided by Legal Aid Ontario available 24/7.
Step 4: Speak in Complete Privacy
The police are legally required to provide you with a private telephone room to speak to your lawyer. They are not allowed to listen to your conversation. 💌 Be completely honest with the lawyer on the phone, as this conversation is protected by solicitor-client privilege.
Step 5: Do Not Chat in the Holding Cell
Once you are placed in a holding cell while waiting for your bail hearing, remain quiet. Do not discuss your charges with other inmates or friendly guards. 🤫 The Toronto Police sometimes place undercover officers in cells, or other inmates may offer to testify against you in exchange for a lighter sentence.
How Much Does it Cost in Toronto?
Getting arrested creates immediate financial concerns, especially regarding bail and early legal representation:
- Duty Counsel (Arrest Call): Speaking to Duty Counsel from the police station is 100% free for everyone, regardless of your income. 💲
- Private Lawyer (Arrest Advice): If you call a private criminal defence law firm, many offer a free brief telephone consultation to advise you during the arrest.
- Bail Hearing Representation: If the police hold you for a formal bail hearing before a Justice of the Peace, hiring a private lawyer for this critical step usually costs between $1,500 and $5,000 CAD.
| Legal Service Needed | Estimated Cost (CAD) |
|---|---|
| Station Phone Call (Duty Counsel) | $0 (Free) |
| Station Phone Call (Private Lawyer) | Often Free or Small Retainer |
| Contested Bail Hearing | $1,500 – $5,000 |
How Long Does the Process Take?
If the police decide not to release you directly from the station on an Undertaking, the Criminal Code requires them to bring you before a Justice of the Peace for a bail hearing within 24 hours. ⌛ You will likely spend the night at a division holding cell or the Toronto South Detention Centre before your hearing occurs.
Frequently Asked Questions (FAQ)
Can the police search my cell phone without a warrant?
Generally, no. The Supreme Court of Canada has ruled that police cannot routinely search your digital devices upon arrest without a specific search warrant, except in very narrow emergency circumstances. Do not provide your passcode voluntarily.
What happens if the police didn’t read me my rights?
If the police fail to inform you of your Charter rights (Right to Silence, Right to Counsel), your lawyer can file an application at your trial. The judge may decide to exclude any evidence or confessions the police gathered because your constitutional rights were violated.
Can I call my parents or my spouse instead of a lawyer?
You do not have a constitutional right to call your family. The right is strictly to speak to legal counsel. While some friendly officers might allow a quick call to family to arrange a surety, you should always prioritize speaking to a lawyer first.
Will the police let me go if I just explain the misunderstanding?
No. By the time police have formally arrested you and read you your rights, they have already formed reasonable grounds to believe you committed an offence. Trying to explain your side almost always provides them with extra evidence against you. Wait for your lawyer.
Leave a Reply