What Are My Rights If I’m Detained or Arrested in Ontario?

Being detained or arrested by the police in Ontario can be intimidating, but it’s important to know that you have specific legal rights under the Canadian Charter of Rights and Freedoms. Knowing your rights can help protect you and ensure the police follow proper procedures.

Here’s what you need to know if you’re stopped, detained, or arrested by the police in Ontario.

✅ 1. What’s the Difference Between Being Detained and Arrested?

• Detained

  • Police are temporarily holding you for questioning or investigation.

  • You’re not free to leave, but you’re not formally charged.

• Arrested

  • Police formally take you into custody because they believe you committed an offence.

  • They can lay charges and take you to the station for processing.

Both situations trigger Charter protections, but the process is different.

✅ 2. Your Rights When Detained or Arrested

Under the Charter of Rights and Freedoms, you have the following rights:

1. The Right to Know Why You’re Being Detained or Arrested (Charter s.10(a))

   • Police must tell you why you’re being stopped or arrested in clear language.

2. The Right to Remain Silent

   • You don’t have to answer police questions beyond providing your basic identification.

   • Anything you say can be used as evidence in court.

3. The Right to Obtain Legal Advice Without Delay (Charter s.10(b))

   • You have the right to contact a lawyer immediately.

   • Police must give you a reasonable opportunity to speak privately with a lawyer.

   • If you don’t know a lawyer, you can call a duty counsel (free legal advice hotline).

4. The Right to Be Treated Fairly

   • Police must not use excessive force.

   • You must not be discriminated against based on race, gender, or any other protected ground.

     
     

✅ 3. Do You Have to Talk to the Police?

• If you’re driving, you must show your driver’s licence, vehicle registration, and insurance when asked.

• If you’re being questioned about a crime, you have the right to remain silent and should speak to a lawyer before answering.

  
  

✅ 4. Can Police Search You?

• During an arrest, police can search you for weapons or evidence.

• During a detention, they can only search for safety reasons (e.g., a pat-down if they believe you’re armed).

• For your home or vehicle, they usually need a warrant, unless there’s an emergency or you consent.

  
  

✅ 5. What Should You Do If You’re Detained or Arrested?

1. Stay calm and polite

   • Do not resist or argue; resisting can lead to more charges.

2. Ask if you’re free to leave

   • If they say yes, walk away calmly.

3. Exercise your right to remain silent

   • Clearly say, “I want to remain silent and speak to a lawyer.”

4. Call a lawyer immediately

   • You have the right to private legal advice without delay.

     
     

✅ 6. What Happens After an Arrest?

• Police will process you at the station and may release you with a court date.

• In some cases, you may have to attend a bail hearing to determine if you’ll be released before trial.

  
  

✅ 7. Why Knowing Your Rights Matters

If the police violate your Charter rights, a lawyer can ask the court to:

• Exclude evidence obtained illegally

• Reduce or dismiss the charges

Conclusion

If you’re detained or arrested in Ontario, stay calm, remain silent, and contact a lawyer immediately. You have the right to know why you’re being detained, the right to a lawyer, and the right to be treated fairly under the Canadian Charter of Rights and Freedoms.

If you or a loved one has been detained, arrested, or charged with an offence, Situ Legal Services can help:

• Explain your legal rights

• Represent you in bail hearings or court proceedings ( Limited to summary conviction charges)

• Protect your Charter rights throughout the process

  
  

👉 Click here to book a confidential consultation and get professional legal help immediately.