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Facing criminal charges doesn’t mean facing them alone. Pazuki Law Group offers free, confidential consultations so you can understand exactly what you’re dealing with and what your options are—before making any decisions.
Facing criminal charges doesn’t mean facing them alone. Pazuki Law Group offers free, confidential consultations so you can understand exactly what you’re dealing with and what your options are—before making any decisions.
BY- Ali Pazuki
October 28, 2026
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A detective leaves a voicemail, or a business card at your door, asking you to “come in and give your side.” You may not know what it is about, and what you say in reply, even on the phone, can end up as evidence. Learn your police interview rights in Ontario before you call back.
In Canada, you generally do not have to answer police questions about an allegation, and you can speak with a lawyer before deciding whether to say anything. If you are arrested or detained, police must tell you why and tell you about your right to a lawyer. You are not entitled to have a lawyer with you during the interview itself.
Usually not. When police invite you to the station without arresting you, you can decline the invitation or leave. Declining does not stop police from laying a charge. If you are arrested, police may release you or hold you for a bail hearing.
You are detained when police have restricted your freedom to leave. Once you are arrested or detained, the Charter gives you further rights, described below. Police are also not required to tell you everything they know before an interview, so you may be asked questions without knowing what evidence they already have.
Section 7 of the Canadian Charter of Rights and Freedoms protects your right to choose whether to speak to the police. In practice, you can decline to answer questions about the allegation.
Staying silent does not end the interview. The Supreme Court of Canada has held that police may keep asking questions after a person says they don’t want to talk (R v Singh, 2007 SCC 48), so you may have to decline more than once.
Station interviews are usually video-recorded, and anything you say can become evidence, including comments in a hallway or a cruiser. Police and the Crown can later compare your statement with other evidence, and a wrong date or detail may be used to challenge your account.
Ali Pazuki, who reviewed this article, gives every client the same advice before a police interview: “It is best to remain silent and exercise that right. Don’t be rude to police; be respectful. Remember that you are being recorded at all times.”
The right covers silence, and lying is a separate matter. Declining to answer is lawful, but misleading police can lead to charges such as obstructing a peace officer or public mischief (Criminal Code, ss. 129 and 140).
Breath and drug demands have their own rules. If an officer makes a lawful demand for a breath sample or drug test, refusing without a reasonable excuse is a criminal offence (Criminal Code, s. 320.15). Our page on impaired driving charges explains more.
If you are arrested or detained, section 10 of the Charter gives you the right to be told promptly why, and the right to speak with a lawyer without delay and to be told of that right. Police must also tell you that free legal advice is available through Legal Aid duty counsel, and give you a reasonable chance to speak with a lawyer before they question you.
You can ask for a particular lawyer. If that lawyer can’t be reached within a reasonable time, you may be expected to speak with another lawyer or duty counsel. If English is not your first language, you may also have the right to counsel in a language you understand.
No. Canadian law differs here from what American television shows. The Supreme Court of Canada has held that the right to counsel does not include having a lawyer present throughout questioning (R v Sinclair, 2010 SCC 35). You are entitled to legal advice before the interview, and to speak with a lawyer again only if your situation changes, such as when the allegation you face becomes more serious.
In some cases, giving police information can help, and that decision is best made with a lawyer. Before a charge, you usually don’t know what evidence police have. After a charge, the Crown must disclose its evidence to the defence (R v Stinchcombe, [1991] 3 SCR 326), and you and your lawyer can then decide with the evidence in front of you.
Don’t contact the officer to “fix” it. Speak with a lawyer about what was said and how it was obtained. Whether a statement can be used depends on factors such as whether it was voluntary and whether your Charter rights were respected.
If police have contacted you or someone in your family, Pazuki Law Group offers a free, confidential consultation. Our office is at 205 Main Street South, Newmarket, Ontario L3Y 3Y9. Call 905-508-4878, or our 24/7 line at 647-284-2824. Learn more about our criminal defence work.
This article provides general legal information for educational purposes. It is not legal advice and does not create a lawyer–client relationship. Laws and court procedures can change, and appropriate legal advice depends on the circumstances of your case.
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