When stopped by the police, an individual is under no obligation to provide any information and can simply choose to walk away.  Section 9 of Canada’s statutory declaration of fundamental rights known as the Canadian Charter of Rights and Freedoms enshrines the right not to be arbitrarily detained or imprisoned, and protects the individual from unjustified state interference.  The courts have recognized that this liberty includes not only the freedom from physical restraint but from psychological restraint as well.

DETENTION

Where the choice to speak or walk away from police is removed, either through physical or psychological restraint, an individual is considered detained.  Once detained, the right to silence and the right to speak to a lawyer are triggered.  Police may insist on asking a detainee questions, however there is no obligation to answer the police.

RIGHT AGAINST SELF-INCRIMINATION

It is important to understand the fundamental right against self-incrimination, since anything you say to police may later be used as evidence in your prosecution.  To fully understand your rights and obligations, it is also crucial to exercise your right to counsel immediately upon detention or arrest by making it clear to police that (i) you have nothing to say, and (ii) you want to speak to a lawyer immediately.

*Disclaimer:  The information provided in this article is NOT legal advice but fundamental information to be further inquired upon professionally.  You should always consult with a qualified lawyer to obtain proper advice.

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Evelyn Burnette
Evelyn Burnette
06:08 12 Mar 18
We have a family business and one day we found ourselves in a legal situation in which we felt completely overwhelmed and helpless. We quickly realized there’s a whole different world out there that we know nothing about. Reached out to David and he quickly wrapped himself around our case. We know he was working around the clock. In a matter of days, we had a solid argument. He is sharp, candid and a true professional. Not sure how an attorney can help a client ANY better. Absolutely no hesitation recommending him.
Julia Austerlitz
Julia Austerlitz
00:15 10 Mar 18
When I was looking for a divorce lawyer, the most important thing to me was finding someone who would be easy to communicate with. I was anticipating a nasty custody battle and the last thing I wanted was a lawyer who was hard to get a hold of or who didn’t make me feel like my case was a priority. David Costa and Robin Mann were exactly what I was looking for. They responded quickly to all of my emails, took all of my concerns very seriously and above all, is very knowledgeable about family law. This was such a difficult phase of my life and they helped me to get through to the end of it with the best possible outcome. I highly recommend this law firm.
Ben Valencia
Ben Valencia
12:47 09 Mar 18
Mr. Costa and his wonderful assistant couldn't have been anymore professional. It's unfortunate I had to meet them under these circumstances but I wouldn't have chosen anyone different to represent me if I could. They’ve always kept me up to date on things I needed to get done and both were available when I had questions. They are first class in my book.
Daniel Hardison
Daniel Hardison
06:56 09 Mar 18
Have utilized David's services several times over the last five years. He always is quick to respond (even when he was on vacation), knows the real estate business inside out. His expertise always gives me the confidence the deal is done right.
Kate Miller
Kate Miller
20:08 13 Dec 17
Costa Law were a tremendous help in solving my legal issues. David and his team were professional, efficient, thorough and compassionate. Everyone involved capably assisted me in understanding the issues and the possible outcomes. I could not be happier with the results and would encourage anyone needing legal help to contact them. Best law group in the town. Thanks to everyone at Costa Law!!!
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