Do You Have To Answer Police Questions In Canada?

Knowing Your Rights: What to Say (and Not Say) During Police Interactions

There are certain things that a police officer has the right to ask for and receive answers to but then, there are others that are questions that you don’t need to answer.

If you encounter a police officer unexpectedly, you may be nervous about having that interaction and be unsure about what to say or do. Most people are. After all, before the police arrive, you are likely thinking about something entirely different and now, suddenly, you may be under threat or be asked to go to the police station.

Don’t let that nervousness dictate your behaviour, however, and don’t force yourself to answer questions that you should not be answering.

Before saying anything to the police, reach out to a criminal lawyer first for a consultation. This is essential.

At Wyman & Williamson, one of our experts will advise you on what to say and what you shouldn’t be saying to the police because the answer to the question of do you have to answer police questions in Canada is no, you do not always.

The Role Of Criminal Lawyers In Navigating Canadian Criminal Law

Criminal law is complex. To defend yourself in a criminal case requires expert knowledge of how to navigate around legislation, regulations, and past legal cases.

For the best possible outcome in a criminal case, a criminal lawyer with experience is critical. Too often, a case requires immediate action on the part of a lawyer. A skilled lawyer can keep charges from being laid and/or work to preserve evidence and defences in your favor from the word ‘go’.

When you retain a criminal lawyer, from the initial consultation, they are laying the groundwork. They can assist with interviewing witnesses, gathering evidence, accessing expert testimony, and reference you to other tools that can help further build your case.

The role of a criminal lawyer is essential and who you choose will dictate the quality of your criminal case defence. Your lawyer must have the ability to analyze, advocate, negotiate, communicate, and zero in on detail.

Not all criminal lawyers are built the same. This is why there are those who win and those who don’t. Find yourself counsel who is capable and committed to making the difference in putting up the best case to acquit rather than convict.

Understanding The Rights To Remain Silent And Avoid Self-Incrimination

There is a right to remain silent and avoid self-incrimination when you are under suspicion and/or being arrested.

When it comes to driving-related criminal offences, this demonstrates the right to remain silent as well as anything. A police officer has the right to pull you over if they suspect you have broken a law, witnessed an accident, or if you have been in an accident.

What you should not say to a police officer in this situation ultimately comes down to two guidelines.

• Do not say anything that could incriminate you.
• Do not say anything that could be interpreted as hostile or aggressive towards the officer speaking with you.

In most cases, a police officer is asking questions simply to understand the circumstances of the situation. Responding to them with hostility can make you seem uncooperative. At the same time, you can be of assistance without oversharing or speaking details that could give them suspicion that you’ve done something wrong. Share only relevant information. Keep it short and sweet.

Under the banner of being cooperative, you also do not want to deny a police officer’s request for basic information, such as your name, address, and license. If you have been pulled over for breaking a law, the police have the right to ask and receive this information. Don’t say no and do not lie to any police officer, either.

A refusal to provide this information is a criminal offence, however, you can politely decline to answer any further questions and/or to ask the reasoning behind why certain questions are being asked (unless you have been involved in an accident and required to give a statement). This isn’t being hostile – this is knowing you have the right to ask and the right to protect yourself.

This applies in the same way if you are being arrested. As scary as it may feel being arrested and knowing the police will want to ask you some questions, it is best to not give any statements and to not answer questions without first speaking with a lawyer and understanding your legal rights.

Answer basic questions in as few words as possible as the police have the right to know your name and address but attempting to discuss a criminal incident can wait until you have critical legal advice.

Remember your right to remain silent. You have the right to say nothing or wait until you have spoken with a criminal lawyer before discussing anything related to the crime you are being accused of. In the interim, remain calm and cooperative in police custody as best as you can and avoid making rude, disrespectful remarks, as frustrated as you may be in the moment.

Do not say anything derogatory, nothing untrue, do not share unnecessary details, no admissions of guilt, do not interrupt the officer, and do not make jokes while in police custody. Follow these rules and wait to converse with a lawyer before doing more.

Alternatively, you may wish to answer police questions and provide a written statement to the police. If you choose to provide a statement to police after you consult with a criminal lawyer, here are three rules to ensure you don’t negatively impact your interests.

• Be clear, concise, and truthful.
• Stick to the facts that you know or experienced directly.
• Do not speculate or guess about things you are unsure of.

Always consult with a criminal lawyer before providing a police statement so that you know your rights and what the potential implications are of making a statement.

The Dynamics Of Police Questioning In Canada: Legal Boundaries And Obligations

The police must operate carefully when proceeding with police questioning. There are specific legal boundaries and obligations to which they must adhere.

There are many misunderstandings about police questioning in Canada, such as how the rights surrounding arrest and detention and the right to have legal advice.

When you are in custody and police want to question you, there are two dynamics at play – the right to protect the rights of the individual being detailed and the right to effectively investigate crimes without limiting that duty.

To this extent, a police officer should not obtain a police statement under circumstances where there is reasonable doubt as to whether it was given voluntarily or not. If there were improper inducements, threats made, or oppressive conditions, this could invalidate a police statement and make it inadmissible in court.

However, police do not have to stop questioning you even if you persist in stating your right to remain silent. A police officer may continue attempting to talk with you and to receive some sort of information from you. This does not amount to a Charter violation if the police persist.

In response to such conditions, the individual must hold strong and repeat their desire to adhere to their right to remain silent.

Even if relevant information is sought by the police relating to an ongoing investigation or case, you aren’t legally compelled to comply.

The individual is placed at a slight disadvantage in terms of the dynamics of police questioning in Canada. Interrogations can become endurance tests in a way, pitting the individual against the police. Considering police are trained to elicit confessions and have unlimited resources at their fingertips, this puts the individual at a disadvantage. This is why, in current criminal case law, it is legal for police to conduct lengthy interrogations and as long as they can prove a statement was given voluntarily, it is admissible in court.

Key Aspects Of The Criminal Process: Types And Classifications In Canadian Law

Criminal charges can be laid at the municipal, provincial, and federal level in Canada. The federal authorities govern most commonly prosecuted offences, such as drug charges.

Criminal Code offences are typically prosecuted provincially. Many crimes are covered under Canada’s Criminal Code, including murder, sexual assault, robbery, impaired driving, theft, fraud, and the rules that govern the admissibility of evidence.

When it comes time to go to court, prosecutions can either be summary proceedings or indictable offences.

• A summary proceeding takes place at the provincial level. The majority of these offences have a maximum of six months of incarceration upon conviction.
• An indictable offence is much more serious and can carry as high as a life sentence for some crimes. Unlike a summary proceeding, indictable offences can be tried in the Court of King’s Bench before a judge and jury as well as in the provincial court.

The decision on which to pursue is dictated by statute or by the Crown prosecutor.

Decoding The Criminal Offence: Types And Classifications In Canadian Law

Many federal criminal offences in Canada carry minimum sentences. What this means is when there is a guilty plea or conviction, a judge is required by law to send a person to jail.

There are also other offences with a broader scope, varying from sentences like probation to conditional sentences or conditional discharges. A conviction may result in an ancillary order, such as prohibiting weapons ownership or mandatory placement on a sex offender registry.

A conviction will also net you a criminal record which can prevent entry into the United States or other countries.

When discussing provincial criminal offences, these are tried at a provincial level and are often subject to regulations.

The consequences of a provincial conviction may be fines, jail, restrictions on practicing in a specific trade, a loss of driving privileges, seizure of goods, restrictions placed on or suspension of professional licensing, and property issues.

At a municipal level, these offences usually deal with more local regulations. Municipal offences are tightly regulated.

At every level of Canadian law, the criminal process is similar in design. Furthermore, a police statement is used similarly. Under such circumstances that a police statement has been sought, it is key to proceed with caution.

The Significance Of Police Statements And Their Impact On Criminal Cases

A police statement refers to any written or verbal account given to police relating to an event or series of events that the person has witnessed or been involved in. After one is given, a police statement becomes evidence in a criminal investigation and often plays a key role in influencing what course a criminal case takes.

Making a police statement can be beneficial (to the prosecutor) in some ways as it enters into the official record for the investigation. It can further the investigation in positive and negative ways and be used to support your account of events or to be used as evidence against you.

Know that after you give a police statement, it cannot be taken back or changed without major legal consequences.

In this spirit, keep in mind that you can remain silent. You are not legally required to provide a police statement if you are accused of a crime. This is your protection under the Canadian Charter of Rights and Freedoms.

If you opt to not give a police statement, this doesn’t mean charges cannot proceed or that the investigation stops.

The police will likely continue their investigation using other available evidence. Do not do that by not providing a statement, this is not interpreted as evidence of guilt. Police officers, the judge, the lawyers, and the courts do not see silence as evidence of guilt.

What the absence of a police statement can do is limit some defence strategies that would have been otherwise available to you.

For a police statement to be admissible in court and to be used as evidence, what’s shared must be relevant to the case. It also must not violate any rules of evidence. The judge is the sole person who determines the admissibility of a police statement.

Legal Consequences Of Providing False Information To Police Officers

Providing false information to police officers is a serious criminal offence. Avoid any self-incriminating statements, false evidence, speculation that is not true, assumptions that are not true, or hearsay. This can all negatively affect you.

Furthermore, if you knowingly lie or provide false information, this may result in charges of perjury or obstructing justice.

For perjury, it must be proven you have given a false statement under oath or given a false affidavit, solemn declaration, or deposition. The accused must also know their statement was false and had the intent to mislead. If the accused believes the statement to be true at the time of making it, this is not considered perjury.

An obstruction of justice offence accuses a person of willfully attempting to obstruct, pervert, or defeat the course of justice and is an offence with a maximum conviction of a two-year prison term.

In criminal law in Canada, providing false information is governed by Section 137 of the Criminal Code. This section states anyone who fabricates information with the intention to mislead, with the aim that it will be used as evidence in a legal proceeding, is guilty of an indictable offence.

A person who is convicted of fabricating information can face up to a maximum of 14 years in jail.

You never want to give a false statement to the police or to provide false information.

The Importance Of Legal Representation In Criminal Investigations

A criminal investigation is best approached under the protection of legal representation – no ifs, ands, or buts.

A lawyer can provide insights into how a criminal investigation works and will make sure you’re ready for your defence. They will gather relevant information about the charges, available evidence, and provide a comprehensive guide as to how you can build your case.

Through a disclosure review, your criminal lawyer will also examine the evidence to be presented by the prosecution and evaluate where there are strengths or weaknesses.

Throughout the criminal investigation, your lawyer will also regularly engage in discussions with you regarding defence strategies and what options there are available to you to end the criminal case. The discussions will range from strategizing for the courtroom to opportunities for negotiating, alternative sentencing possibilities, and more.

Needless to say, legal representation is worth their weight in gold, no matter what the outcome is of an investigation.

• If you proceed to trial, a criminal lawyer can question evidence, argue that there has been a violation of Charter rights, submit an application to exclude evidence and request a dismissal of charges.
• They can negotiate a plea agreement if/where appropriate which is where you and the other side mutually agree on an acceptable outcome instead of moving ahead with a complete trial.
• A criminal lawyer can negotiate for you to plead to a lesser offence, reducing your charges while the accused individual recognizes their involvement in the offence while still advocating for the most favorable outcome.

Navigating Complex Scenarios: Domestic Violence And Impaired Driving Cases

• Domestic violence, or intimate partner violence (IPV), refers to multiple forms of harm caused by a current or former partner or spouse.
• Impaired driving refers to the operation of a motor vehicle while one is impaired by alcohol, drugs, or both.

These are incredibly complex scenarios to navigate when it comes to making police statements.

In domestic violence cases, a victim may either refuse to make a statement or attempt to recant a statement of domestic violence. They may love their partner, not want them to be charged or put in jail, and may want to help. It’s not uncommon for a victim to want to change their police statement or to remove it altogether. This is easier said than done.

As the victim is not one who may be pressing charges against an accused person in a domestic violence case, recanting a domestic violence statement is not going to prevent a partner’s criminal proceeding from moving forward.

When it comes to impaired driving cases, these are also highly complex. This works to the benefit of the accused. A driver can use many potential defences to defend themselves against an accusation of impaired driving.

As it relates to answering police questions, if information is not obtained lawfully, this evidence can be tossed.

A criminal lawyer will review the evidence relating to an impaired driving case and seek to use the Charter to dismiss anything that was not obtained legally. In some cases, this includes information procured through unlawful questioning or a police statement taken under duress.

How Tax Evasion And Fraud Cases Are Handled In The Canadian Legal System

• Tax evasion is the falsification of records and claims, purposefully not reporting income, inflating expenses, or claiming a fraudulent refund or benefit.
• Fraud is the deliberate use of deceit, falsehood, or other fraudulent methods to deceive and gain personal benefit in terms of money and property. Fraud in the Canadian legal system can refer to identity theft, tax evasion, insurance scams, telemarketing fraud, and embezzlement.

Tax evasion has to be deliberate and is not tax avoidance, which is a legal way to minimize tax liability through tax deductions and credits. Tax evasion carries severe consequences in the Canadian legal system, including fines and imprisonment.

Tax laws in Canada are set by the Income Tax Act and the Excise Tax Act, and it’s the responsibility of the Canada Revenue Agency to enforce these laws.

If you’re suspected of tax evasion, the CRA will first conduct a tax audit to examine your tax returns and financial records.

If there is evidence of tax evasion found, it is then turned into a criminal investigation. The CRA does have the power to seize assets, freeze bank accounts, and prosecute you for tax evasion. It is considered a form of fraud but is defined under the Criminal Code as its own criminal offence.

The punishment is based on the amount of money owed and the duration of the offence. If the tax evasion exceeds a million dollars, there is a minimum punishment of two years in jail. In addition to penalties imposed by the court, you may face several penalties, including a benefit tax evasion penalty which is equal to 50% of the taxes evaded.

As mentioned earlier, fraud includes tax evasion but can also include a number of other crimes. To prove fraud, the Crown must be able to prove the following before the courts:

• The accused stole something fraudulently.
• The complainant is the owner of the item in question.
• The deprivation was intentional and under false pretenses.

How fraud is processed in accordance with the Criminal Code depends on the value of the criminal offence, how sophisticated the planning was, the breach of trust, the number of people involved, the party who was swindled, and an offender’s past criminal history.

In processing fraud cases, the threshold number is $5,000. When the offence amounts to $5,000 or less, are subject to a maximum prison term of up to two years. According to Section 380 of the Criminal Code, someone who has committed fraud amounting to a value above $5,000, they are subject to a maximum of 14 years in prison.

Both tax evasion and fraud are seen as serious crimes. A crime such as fraud puts you in tough circumstances if you are unable to pay back what has been taken. Whether you are dealing with a government or a private party, a lawyer will be able to help you navigate the law and provide information on how to resolve your charges in the most favorable way possible.

Defence Strategies: Protecting The Accused In The Court Of Law

To secure a conviction under Canadian law, the accused must be proven to have committed the guilty act intentionally or knowingly. The evidence provided to the courts must meet the legal threshold of being beyond a reasonable doubt on the guideline of ‘presumed innocent until proven guilty’. These are the precedents set by the Supreme Court of Canada.

This is where lawyers start crafting defence strategies. A defence often starts with two objectives.

• Raise doubts about the evidence, examining it for flaws or potential Charter violations with how it was obtained.
• Raise doubts about the case against the accused, pointing out inconsistencies in the narrative.

Utilizing both of these defence strategies to the fullest weakens a case and will make it more difficult to convict.

The burden of proof is on the lawyers who brought forth the claim or accusation, not on the accused’s or defendant’s lawyers. In this regard, you do not have to prove your innocence. All a lawyer on the side of the accused has to do is raise enough doubt.

In addition, of course, it is imperative to present evidence and provide testimony that supports your innocence. In many cases, your lawyer may seek a defence based on justifications. That is to admit the crime was committed but with a justification for the act based on circumstances or to excuse guilt, such as arguing that it was self-defence.

Another justification that is used is that a crime was committed due to a threat of near-term death or bodily harm.

Lawyers may present any of several other defence strategies, such as the following:

• A lack of intent, arguing that the accused did not have proper intent or knowledge and therefore cannot be held criminally responsible for actions they thought were wrong.
• Asserting an alibi, suggesting you could not have committed the crime due to being elsewhere at the time.
• They may argue mental incapacity, in that suffering from a mental disorder has rendered a person incapable of understanding the act they have been accused of committing.

There is a long list of potential criminal defence strategies that can be used to protect the accused’s innocence while subsequently also ensuring their Charter rights are respected.

The Impact Of Criminal Records And Their Long-Term Consequences

If you are convicted of a crime, this creates a criminal record and the long-term consequences can be devastating.

In fact, a criminal record is created regardless of your case’s outcome. If you’re arrested or accused of a crime, this creates a record that is then maintained by the Royal Canadian Mounted Police (RCMP). That said, a criminal conviction shows up differently than a dismissal or discharge. It’s key to ensure a conviction does not end up on there.

In criminal law, if you have your case dismissed, this results in a non-conviction, and then, that information can be removed.

A conviction can impact your day-to-day long-term for years.

• Any charges on a criminal record will make it harder for you to find employment and advance in your profession. While you can always reject a background check or lie, employers might reject a job application or dismiss you as a response.
• A criminal record can make it difficult to rent a house as landlords may refuse to rent to persons with criminal charges. If it’s a sexual offence, this can cut down on places you can live as some places you’re legally not allowed to live.
• With a criminal record, you may find it difficult to obtain home insurance if you own a home and have a mortgage.
• You may be disqualified from attending certain colleges or universities on account of a criminal record. This includes many programs in medicine, security, law, childcare, and finance, limiting professional prospects.
• You may find it difficult to get professional licensing when you have a criminal record on your background check. An existing license may be revoked if you already have it or denied if you’re applying.
• A criminal record may deny you access to certain countries and there will be travel restrictions placed on you. Even for minor offences, you may be denied entry into a country like the United States.
• If your criminal record is public or the accusation is, it can also stigmatize you and negatively impact your reputation.
• After a conviction and jail time served, you may be put on probation and continue to see certain rights or freedoms restricted.

Examining The Role Of Evidence, Witnesses, And The Prosecution In Trials

Anything you say to police – verbal or written – can be used as evidence, whether you are being accused of a crime or if you are a witness.

If you have made a statement to the police, sharing what happened, it becomes an official report and is considered true. The value when you refuse to give a statement or ask to speak to counsel is that no evidence is generated from this act.

A police officer may press on and ask to discuss further in an attempt to generate evidence but you aren’t legally obligated to talk under Canadian law.

Just like with the accused, witnesses can provide a witness statement which is a written account of the circumstances of a crime or event. It shares what a witness saw, heard, or experienced. Witness statements are frequently crucial to a criminal investigation, and they supply evidence that the police would not otherwise have.

While, as a witness, you are not required to go to court in support of a statement given, depending on the criminal case and its circumstances, you may be called upon as a witness to make an appearance.

If you have been asked to contribute to an investigation as a witness, you can refuse, however, it’s best to seek the advice of counsel before deciding on a course of action. Determine for yourself what is fair and what you’re willing to put yourself through.

As a witness, you may have lawyers advise you to give specific answers, to not talk about certain topics, and/or to use crucial phrases and statements to frame the narrative a certain way. In court, witness statements can be key evidence.

The prosecution is there to support the strongest case possible against the accused. These lawyers are going to use the law to present the accused in a certain light. It is then the responsibility of the accused lawyers to put up a defence and use what is legally available to them to reframe what is being said and argue for a different outcome.

With the prosecution, they run the risk of having evidence dismissed when it is not obtained under lawful means.

The Charter provides a pathway on which the lawyer of the accused can tackle the prosecution in trials and highlight the unfair conditions under which certain information was obtained.

The Intersection Of Criminal Law And Human Rights: The Canadian Charter Perspective

While it is important to hold every criminal act accountable, every Canadian has rights even if they are suspected of having committed a crime.

Criminal law must be balanced with human rights, and this is where the Canadian Charter of Rights and Freedoms comes into play. This is the document put into law that protects the individual.

Many charges must be interpreted by analyzing the rights granted to individuals under the Charter. Any criminal lawyer defending their client will consider the Charter and use it to determine where, if any, a breach of rights has occurred.

Among the areas that are examined include if a statement given to police was inadmissible or some reason, if an improper and unauthorized search and seizure was done, if the result of a breath test was admissible based on the circumstances of how it was procured, and if the right to counsel was given and facilitated as is required by law. Any evidence collected by law is also subject to Charter scrutiny.

The Charter is there to protect your rights. Regardless of what you are being accused of, the Charter remains active and your rights must be respected.