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The Police Want To Talk To Me, What Are My Rights?

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You have the right to remain silent. It is a fundamental right under our law and the Canadian Charter of Rights. I always advise my clients to exercise their rights to silence in the face of police questioning, including repeated and creative attempts by the police to get you talking.

Should the police be asking you questions, it is likely that you are already a suspect and under investigation. You will not be able to talk your way out of being arrested, and what you say may do you more harm than good. Don’t worry, you will have your opportunity to talk and tell your story in a controlled and prepared environment in court with your lawyer present, should you need to testify. If all else fails, you have the right to consult with duty counsel or your lawyer before answering police questions. Duty counsel will undoubtedly also advise you to remain silent and not talk to the police. There are situations, in particular, situations of passengers in vehicles who are arbitrarily detained, where one need not even provide their name to the police should the car be pulled over. Should you find yourself in any situation where the police want to talk to you, contact a criminal defence counsel immediately before answering any questions.

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