Tuesday, 24 May 2022

Do You Have the Right to Remain Silent in Canada?



The right to remain silent is one of the fundamental justice principles protected by section 7 of the Canadian Charter of Rights and Freedoms. Simply put, a person whose liberty is placed in jeopardy by the criminal process has the right to choose whether to speak to the police or to remain silent: you cannot be forced to give evidence harmful to yourself. However, if one chooses to speak to a police officer, they must tell the truth. Lying to law enforcement officers may result in criminal charges with one or more criminal offences, including public mischief, obstructing a police officer, or obstructing justice.

What follows is for informational purposes only; for legal advice, you should contact a criminal defence lawyer to discuss your particular case. As well, there are situations where there is a duty to report to the police; those situations are not discussed here read more here