Being approached by the police can be stressful and confusing. Whether you are stopped on the street, pulled over while driving, or taken into custody, it’s natural to feel nervous. But in those moments, what you know and how you respond, can make all the difference.
Every person in Canada is protected by specific legal rights under both the Canadian Criminal Code and the Canadian Charter of Rights and Freedoms. These laws are designed to prevent abuse of power, ensure fairness, and safeguard your liberty and dignity. Understanding these protections is especially important if you live in British Columbia, where police procedures and court processes operate within provincial systems that must still uphold federal Charter rights.
This blog explains your key rights under the Criminal Code and the Charter, including your right to silence, your right to counsel, and how to respond if you believe you’ve been the victim of an unlawful search or detention.
Why Knowing Your Rights Matters
Many people assume that if they’ve done nothing wrong, they have nothing to fear. Unfortunately, even innocent individuals can face wrongful accusations, illegal searches, or rights violations. Knowing your rights helps you stay calm, make informed decisions, and protect yourself from unfair treatment.
Your Charter rights are not just legal principles, they are practical safeguards. Knowing when to speak, when to stay silent, and when to ask for a lawyer can prevent a simple interaction from becoming a serious legal issue.
The Foundation of Your Legal Protections: The Charter
The Canadian Charter of Rights and Freedoms is the foundation of Canada’s justice system. It outlines the rights and freedoms that apply to everyone, regardless of citizenship, background, or location. The Charter limits how police, prosecutors, and courts can treat individuals, ensuring that justice is carried out fairly.
Here are the most important Charter rights that apply during police interactions and criminal proceedings:
- Section 7: The right to life, liberty, and security of the person—protecting against deprivation of freedom without due process.
- Section 8: The right to be secure against unreasonable or unlawful search and seizure.
- Section 9: The right not to be arbitrarily detained or imprisoned.
- Section 10: The right to know why you are being detained or arrested, and to contact a lawyer without delay.
- Section 11: The right to be presumed innocent until proven guilty according to law.
If any of these rights are breached, your lawyer can raise a Charter challenge, which may lead to evidence being excluded or even the charges dismissed entirely.
Your Rights During Police Interaction
In British Columbia, police officers must follow strict legal procedures when detaining or arresting someone. Whether you are being stopped for questioning or taken into custody, several key rights apply:
1. The Right to Be Informed of the Reason for Arrest
If you are detained or arrested, police must immediately tell you why. Under Section 10(a) of the Charter, you have the right to know what you’re being accused of. For example, an officer cannot simply say, “You’re under arrest,” without explaining why. This requirement ensures transparency and prevents arbitrary detention.
2. The Right to Silence
One of the most misunderstood rights in Canada is the right to remain silent. Police officers are trained to gather information, and even casual remarks can later be used against you. You are not required to answer questions beyond providing your name and identification in certain circumstances, such as while driving. You can simply say, “I choose to remain silent,” or “I would like to speak to a lawyer first.” Exercising your right to silence is not an admission of guilt, it is a crucial protection against misinterpretation or coercion.
3. The Right to Counsel
Under Section 10(b) of the Charter, anyone who is detained or arrested has the right to contact a lawyer without delay. Police must give you a reasonable opportunity to speak to a lawyer privately before any questioning continues. An experienced criminal lawyer like Michael Shapray, can help you understand what questions you must answer, what you can refuse, and how to protect your rights going forward.
Protection Against Unlawful Search and Seizure
Section 8 of the Charter protects you from unreasonable search or seizure. Police cannot search you, your home, or your belongings without a valid legal basis, such as a warrant. There are limited exceptions, including:
- With consent: If you voluntarily allow the search.
- Incident to arrest: When you are lawfully arrested, police may search you and the immediate area.
- Urgent circumstances: If there’s an immediate threat to public safety or risk of evidence being destroyed.
If police exceed their legal authority for example, by searching your home without a warrant or consent, any evidence they obtain may be excluded from trial. BC courts consistently emphasize that privacy is a core value in Canadian law, and unlawful searches can seriously undermine a case against you.
Arbitrary Detention: When Police Go Too Far
Section 9 of the Charter protects you from being arbitrarily detained. Police cannot stop or hold you without a lawful reason. Random stops or prolonged questioning without justification may violate this right.
For instance, being stopped on the street without reasonable suspicion or being held for an extended period without charges may constitute arbitrary detention. If this happens, record as much detail as possible time, location, officer names, and what was said, and contact a lawyer right away.
What Happens If Your Rights Are Violated?
If your Charter rights are breached, there can be serious consequences for the prosecution. Evidence obtained through unlawful means such as a coerced confession or illegal search, can be excluded under Section 24(2) of the Charter. In serious cases, the court may even dismiss the charges entirely if the violation undermines the fairness of the justice process.
BC courts take rights violations seriously, and an experienced defence lawyer will carefully examine the details of your arrest and questioning to determine whether your rights were breached.
How to Protect Yourself During a Police Encounter
- Stay calm and respectful, do not argue or resist.
- Ask if you are being detained or if you’re free to leave.
- Assert your right to silence and request to speak with a lawyer.
- Do not consent to searches without a warrant.
- Write down everything that happened as soon as possible afterward.
Why You Need an Experienced Criminal Defence Lawyer
Even when you understand your rights, navigating the criminal justice system alone can be overwhelming. Procedures are complex, and the consequences of mistakes are significant.
An experienced criminal defence lawyer can assess your case, identify any Charter violations, and develop a strategic defence tailored to your situation.
Michael Shapray has extensive experience defending clients across British Columbia. Known for his strategic approach and unwavering advocacy, he ensures that every client’s Charter rights are protected at every stage of their case.
Contact Michael Shapray for Trusted Legal Guidance
If you have been arrested, questioned, or believe your rights under the Criminal Code were violated, do not wait to get help. The earlier you speak to a lawyer, the better your chances of protecting your freedom and reputation.
Contact Michael Shapray today for a confidential consultation. He will listen to your situation, explain your options, and work tirelessly to ensure your Charter rights are upheld.