David Zbarsky Law
85 Thorncliffe Park Dr # 1001 M4H 1L6 Toronto, ON, Canada

PRACTICAL GUIDE DO NOT WAIVE YOUR RIGHTS: RIGHT TO REMAIN SILENT THINK BEFORE YOU SPEAK!!... There is no obligation to answer random questions by police who have approached you. It is wise to react politely in these situations. You are not required to identify yourself unless driving. If you are detained or arrested it is wise to request advice of counsel before answering any questions except your identity. If you are detained by the police and invoke your rights to speak with a lawyer of your choice the police must refrain from any questioning until you have had a reasonable opportunity to consult a lawyer. (What is reasonable is likely to be a triable issue.It will depend upon the circumstances and nature of the allegations.) Whether it be advice of the lawyer or if acting on your own, you are well advised not to answer any questions other than your identity. HOWEVER: Despite your right to remain silent the police are entitled to continuously question you. Even if you repeat over and over your wish to remain silent police are permitted to continue with their interrogation. This could result in a test of wills. If you have had the opportunity to speak with a lawyer at the Police Division you do not have the right to speak with a lawyer a second time. However, if the interrogation changes course you have the right to speak with counsel again. For Example: If you spoke with legal counsel regarding allegations of Break n Enter and after receiving advice the police start to question you about a Robbery unrelated to the Break n Enter, they are obligated to permit contacting counsel of choice again. After advising of your rights to a lawyer the police must inform you that anything you say can be used in evidence at trial. WHAT YOU ARE NOT TOLD is that only admissions against yourself are admissible at trial. Anything you say in your favour is not admissible.

PRACTICAL GUIDE What you must know about your rights under the Canadian Charter of Rights and Freedom 1) Your right to counsel of choice pursuant to section 10 of the Charter states:... a) To be informed promptly on arrest or detention b) To retain and instruct counsel without delay and to be informed of that right. COMMENT: If you are detained by the police they are obliged to ask if you have a lawyer you wish to speak with before you can be questioned. It is not required you be arrested simply detained. If you have your own lawyer the police are obligated to assist you in contacting your lawyer. If you do not have a specific lawyer than you are permitted to contact a private lawyer. A telephone book or internet usage (if available) should be provided upon request. You may use your cell phone in many situations. If you are arrested and in possession of a cell phone politely request it be kept for the purpose of obtaining the lawyer's telephone number or the number of a friend or family member who could obtain the lawyer's number. You can request a reasonable period of time at the police division to obtain telephone numbers from a telephone book or on the internet (if available). The police may not question you about any criminal offence until you have had an opportunity to exercise your right to speak with a criminal lawyer. If you do not request to speak with a lawyer after being advised of your rights the police have no obligation to contact a lawyer on your behalf. If you do not have a lawyer or don't wish to obtain a private lawyer the police will advise you that you have the right to speak with a Legal Aid Lawyer free of charge. They will provide a toll free number to contact the lawyer on duty. More likely they will call the Legal Aid Lawyer for you and advise when the lawyer becomes available. Your Rights to Counsel not only must be explained by the police. They must take reasonable steps to assist in arranging contact with your counsel of choice. This right is to be complied with upon detention: i.e. A restriction on your freedom to go about your affairs. EXCEPTION: ROADSIDE DEMAND FOR ALCOHOL TESTING If a police officer has a reasonable suspicion that a driver of a vehicle has alcohol in his/her blood a demand will be made to provide a breath sample. If the testing can be accomplished within minutes of the officer's observations and belief, rights to counsel need not be given. However if the breath machine is not immediately available the police may be obligated to advise you or your rights to counsel. You would be permitted to use your cell phone to contact a lawyer while waiting.

Welcome to Zbarsky Law