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ARTICLE · 22 NOVEMBER 2019

I've Been Arrested – Do I Have The Right To Talk To A Lawyer?

Devry Smith Frank LLP
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Obtaining legal counsel ensures you are given the best opportunity to understand not just your own rights, but also the rights the police can legally exercise.

CanadaLitigation, Mediation & Arbitration
David Schell
David Schell
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The answer to this question is "yes". The right to legal counsel upon arrest is a fundamental right in Canada and should you find yourself in such a situation, your first request should be to speak with a lawyer.

Under section 10(b) of the Canadian Charter of Rights and Freedoms, persons who have been arrested by the police have the right 'to retain and instruct counsel without delay and to be informed of that right'. In other words, the police are obliged to make clear to you that you can speak with a lawyer should you so desire.

Once you have exercised your right to speak with counsel, the police are duty-bound to assist you in contacting a lawyer at the earliest opportunity. You must be permitted to speak with your lawyer privately. You may also exercise your right to remain silent, whether you do so in the absence of counsel, or upon the advice of counsel.

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