Being arrested is one of the most frightening experiences a person can go through. Regardless of what you are accused of, the moments immediately following an arrest are critical — and the decisions you make in those first hours can significantly affect the outcome of your case. This article explains what rights you have under the Canadian Charter of Rights and Freedoms when you are arrested or detained in Ottawa, and the steps you should take to protect yourself.

The Moment of Arrest: What Is Actually Happening

In Canada, police may arrest you if they have reasonable grounds to believe you have committed an indictable offence, they find you committing an offence, or a warrant has been issued for your arrest. A lawful arrest does not require that you are proven guilty — reasonable grounds is a much lower threshold than proof beyond a reasonable doubt.

The moment you are arrested or detained — which can occur even before you are formally told you are under arrest — your Charter rights attach immediately. Understanding those rights is the foundation of everything that follows.

Your Rights Under the Charter

Section 10(a): The Right to Be Informed of the Reason

Under section 10(a) of the Charter, you have the right to be told promptly why you are being arrested or detained. Police must communicate this in terms you can understand. If you are not told why you are being arrested, that is a potential Charter violation that your lawyer can raise later.

Section 10(b): The Right to Retain and Instruct Counsel

This is perhaps the most important right you have upon arrest. Section 10(b) of the Charter gives you the right to retain and instruct a lawyer without delay. Police are obligated to inform you of this right and to give you a reasonable opportunity to exercise it. They must also tell you about the availability of Legal Aid and duty counsel — a free lawyer available at the courthouse who can give you immediate advice.

Once you invoke your right to counsel, police are generally required to stop questioning you until you have had an opportunity to speak with a lawyer. Do not waive this right. Invoke it clearly and immediately: "I want to speak to a lawyer."

Section 9: The Right Not to Be Arbitrarily Detained

Section 9 of the Charter protects you against arbitrary detention. If police do not have lawful grounds to detain or arrest you, any evidence they gather as a result of that unlawful detention may be excluded at trial under section 24(2) of the Charter.

The Most Important Rule: Stay Silent

You have the right to remain silent. This right flows from section 7 of the Charter and the principle against self-incrimination embedded in the common law. You are not required to answer questions from police — other than providing your name and address in certain circumstances, such as when you are driving and stopped under the Highway Traffic Act.

Nothing you say spontaneously to police will help you. Everything you say can and will be used against you in court. The right to silence exists precisely because the state bears the burden of proving your guilt.

Police are trained interrogators. Even well-meaning, truthful statements can be misremembered, misrecorded, or taken out of context. Be polite, but firm: "I am exercising my right to remain silent. I would like to speak to a lawyer." Repeat this if necessary. Do not argue. Do not explain. Do not try to convince the officer that there has been a misunderstanding.

What Not to Do After an Arrest

Common mistakes people make immediately after arrest include:

The Bail Hearing: What Happens Next

If you are held after arrest, you are entitled to a bail hearing — legally called a "show cause" hearing — as soon as reasonably possible, and in any case within 24 hours of arrest (or as soon as a justice is available). At the bail hearing, the Crown must "show cause" why you should be detained, or the burden may shift to you in certain circumstances (called a reverse-onus situation), such as where you are charged with certain serious offences or are already on bail.

The justice will consider three grounds for detention: primary (risk of flight), secondary (protection of public), and tertiary (public confidence in the justice system). A surety — someone who agrees to be responsible for ensuring you attend court — can significantly strengthen a bail application. Your lawyer can help you identify an appropriate surety and prepare for the hearing.

Bail conditions, if granted, must be followed strictly. Breaching a condition — even something as minor as failing to report to a bail supervisor — is itself a criminal offence and can result in re-arrest and revocation of bail.

Why You Need a Criminal Defence Lawyer Immediately

The criminal justice system in Canada is adversarial. Police and Crown counsel are experienced professionals whose job is to gather evidence and secure convictions. You need someone in your corner who understands the system equally well.

A criminal defence lawyer can challenge the legality of the arrest and detention, ensure your Charter rights were respected, advise you on whether to speak to police, negotiate with Crown counsel at an early stage, and prepare a full defence if the matter proceeds to trial. Early legal advice is the single most effective step you can take to protect your interests.

At Silver Crest Law Professional Corporation, we represent individuals facing criminal charges in Ottawa and across Ontario. If you or a family member has been arrested, contact us as soon as possible.

This article provides general legal information about criminal procedure in Ontario. It does not constitute legal advice and does not create a lawyer-client relationship. Every situation is different. If you have been arrested or charged with a criminal offence, consult a lawyer as soon as possible.