“You have the right to remain silent. Anything you say can be used against you in a Court of law. You have the right to a lawyer. If you can’t afford a lawyer, the state will provide one for you. Do you understand that?”

This is one variation of a typical formula we all know from TV or movies, but do you really get it? Do you really know and understand all of your rights?

Despite the feeling of banality that it may inspire, this formula and its variants are in fact fraught with rights (for the person confronted by the police) and duties (for the police officers investigating the person intercepted).  

Indeed, the rights to remain silent (section 7) and to retain and instruct counsel (section 10(b)) are complex constitutional rights that do not apply in the same way depending on the situation encountered.

Moreover, they are not the only two rights protected by the Canadian Charter of Rights and Freedoms and the Canadian Constitution. They also include, to name a few, the right to be secure against unlawful search by police or other agents of the state (section 8), the right against unlawful detention and arrest by police or other agents of the state (section 9), the right to be informed promptly of the reasons for detention or arrest (Article 11a), not to be compelled to testify against oneself (Article 11c), to be presumed innocent and to have the right to a fair trial (Article 11d), and not to be subjected to cruel or unusual treatment (Article 12).

It is important to know that these rights are constantly evolving in their application. One of the most recent and high-profile examples of this is the Supreme Court of Canada’s 2016 Jordan decision, which concerns the right to be tried within a reasonable time (Article 11b).

Therefore, it is always wise to consult a lawyer to know the extent of your rights, since it is possible that they have not been respected without you even realizing it. Should this be the case, it may be possible to draft a motion and have evidence (or several pieces of evidence) illegally obtained against you excluded. Do not hesitate to contact me if you wish to have your case evaluated!