Criminal Law FAQ
Do I have any rights even after I have been arrested?
The short answer is yes.
It is important that you understand your rights and how they can affect you throughout the criminal proceedings once you have been arrested. The
Canadian Charter of Rights and Freedom lays out the rights for individuals who have been charged with a crime.
Some of the most important rights you have upon an arrest is the right to consult legal counsel and the right to remain silent.
If you have been arrested or charged with an offence, speak to one of our experienced criminal defence lawyers without delay to fully understand all of your rights.
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How does bail work?
Bail is the common name for Judicial Interim Release, it is the release of an individual who has been charged with a crime from detention pending the trial of the charges.
s.9 of the Canadian Charter of Rights and Freedom guarantees that an individual has a right not to be arbitrarily detained or imprisoned.
If you have been arrested with an offence that is considered by the police to be less serious in nature, they may release you with a promise to appear or an undertaking. However, with more serious offences, the police may not want to release you. If the police do not release you, you are entitled to a bail hearing before a justice within 24 hours of your arrest. This is usually before a Justice of the Peace.
At the bail hearing, the Crown prosecutor will provide their evidence and submission as to why you should not be released, this is commonly referred to as "show cause". There are circumstances where it is a reverse onus, for which, the individual charged with a crime will have to convince the Court why they should be released from detention pending the trial of their charges.
If I got pulled over by the police and they demand a breath sample from me, am I obligated to provide it.
Impaired driving laws can be difficult to comprehend. The Criminal Code provides that if a police officer has reasonable grounds to believe an individual has alcohol or a drug in their body, they can lawfully request a breath sample from that individual by blowing into an approved instrument.
It is an offence to refuse the breath test if it was lawfully requested by the police. Therefore, most of the time, it is always advisable to provide the breath sample when one is demanded by the police office.