The police cannot arrest or detain you without following very strict rules.
Your Rights
If you are arrested, you have certain rights, such as:
- The right to remain silent (the only information you need to share with police is your name, address and date of birth)
- The right to a lawyer (you can choose your lawyer)
- The right to legal advice in your first language and to an interpreter
- The right to privacy when you call a lawyer
- The right to free legal advice
What The Police Must Do
The police have certain responsibilities. For example, they must:
- Say who they are and show you identification
- Tell you they are arresting you, explain why and make sure that you understand them
- Touch you, but not harm you, to indicate that you are officially under arrest
- Tell you about your rights
- Tell you about Legal Aid
- Charge you and take you to court within 24 hours, or let you go
The rules that govern arrest and detention are covered in the Canadian Charter of Rights and Freedoms.
The Charter protects you from arbitrary detention. This means that you do not have to go with the police to a police station if they have not placed you under arrest.
The Charter protects you from arbitrary detention. This means that you do not have to go with the police to a police station if they have not placed you under arrest.
For More Information
- Community Legal Education Ontario (CLEO) – Clear language publications on getting legal help.
- Ontario Municipalities – This list provides the names of all 444 Ontario municipalities based on the latest information provided to the Ministry of Municipal Affairs and Housing.
- Ontario Provincial Police (OPP) – The OPP serve parts of Ontario that do not have a local police force.
- Royal Canadian Mounted Police (RCMP) – Canada’s national police force. The RCMP enforces federal laws.
- Youth Criminal Law – Practical information about youth justice, such as talking to the police, and how a youth criminal record can affect you. From Community Legal Education Ontario and Justice for Children and Youth.
- How to Complain About a Police Officer or Police Policies in Ontario – This guide has information about how to complain about the conduct of a police officer, or the services or policies of any municipal, regional or provincial police service in Ontario. From the Office of the Independent Police Review Director (OIPRD).