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criminal law
Know Your Rights
Being arrested can be the most stressful experience imaginable. If you are detained by the police, you should be cautious about answering police questions.
Canadian law requires the Crown to prove the guilt of an accused person, and any statement you make to the police can be used in criminal proceedings to serve to convict you. While there are exceptions, in light of the possibly irreparable harm to your case by providing a statement to the police, as a general rule our lawyers advise persons arrested or charged with a criminal offence to exercise their right to remain silent.
Section 7 of the Charter of Rights and Freedoms provides an accused person with the right to remain silent. This right cannot be undermined by trickery on the part of a state agent, such as the police. For example, where an accused has indicated that he or she chooses not to speak to the police, the accused cannot be tricked into speaking.
The rights of an accused to remain silent are subject to some limitations, including:
- The accused's right is only activated after he or she is detained.
- The accused's right to remain silent is not violated if he or she speaks voluntarily.
- If the police have not "elicited" a statement from the accused, there can be no issue of a violation of an accused's right to remain silent.
It should be noted that even where an accused's section 7 Charter have been infringed, evidence may nonetheless be admissible under section 24 (2) of the Charter if to do so would not bring the administration of justice into disrepute.
Our Services:
At Paradiso & Associates, we are committed to providing premium representation to the criminally accused. We can provide the most effective defense possible from the time you are questioned, and if the need arises, to the trial.