Frequently Asked Questions

Canadian law protects your right to silence, the right to speak to a lawyer, freedom from unreasonable search and seizure, and freedom from arbitrary detention, among other rights. How these rights will apply to a particular situation is beyond the scope of this FAQ to address. Detailed descriptions of your rights in a particular situation have been prepared by organizations including: Pivot Legal Society (https://www.pivotlegal.org/know-your-rights-handbook), the Canadian Civil Liberties Association (https://ccla.org/wp-content/uploads/2021/07/Know-Your-Rights-Booklet.pdf), and the British Columbia Civil Liberties Association (https://bccla.org/wp-content/uploads/2015/03/2009-BCCLA-Handbook-Arrest-Handbook-English.pdf).

A general rule of thumb is if the police are asking you to do something, politely ask them if you are required by law to comply.  If they say no, you do not have to comply.  You may not even have to provide them with your name.  You should make it clear that you do not consent to a search of your home or your person, although you may still be required to permit a search in certain circumstances.  Remember that if you open your door or answer the phone to the police, anything the officers can see in plain sight, hear, or smell may provide grounds for a search without your consent. If you are operating a vehicle, you must provide your licence and registration if requested by police, and the police can require you to give a roadside breath sample if they have reason to suspect you are driving under the influence.  In general, if the police tell you that you are legally required to do something, it is not a good idea to actively resist them or try to argue, but do ask to speak to a lawyer right away.  In most cases you are not required to say anything to the police, but if you lie, you may be charged with obstruction of justice.

Remember that it can be an offence to leave the scene of an accident where you were driving before providing your name and address.  You may also be required to offer assistance if someone else has been injured.  Try to contact a lawyer immediately if you find yourself in such a situation. Remember also that there may be civil or regulatory implications to an accident, as well as criminal ones.  You may wish to consult a lawyer who practices insurance or injury law, in addition to a defence lawyer at Third Avenue Law.  Time is often of the essence after an accident, so don’t delay in seeking advice on your rights and potential duties.

Once you have retained a lawyer, they will be able to appear on your behalf for most court dates, including your first appearance date.  Try to speak to a lawyer well in advance of your court date, so they can schedule it into their calendar or request a different date, if necessary. You may need to sign a counsel designation notice for your lawyer to appear on your behalf.  You will be required to appear in person for trial dates. You may be able to appear by phone or through MS Teams, but you will have to discuss this with your lawyer well in advance, as an additional application to the court may be required.

The police have the authority to issue you an undertaking with conditions, while the Crown Counsel office considers whether to proceed with charges.  You can apply to change your conditions, even before your first scheduled court date, by filing a document with the Court and appearing before a Judge.  A lawyer at Third Avenue Law can assist you with making an application.  Please contact us as soon as possible, especially if you have been given conditions that are difficult for you to follow.  Remember that you can still be charged and detained under the Criminal Code for breaching conditions, even if Crown Counsel does not proceed with charges on the original allegations.

You can call the “Brydges Line” for emergency advice 24 hours a day, at 1-866-458-5500.  The “Brydges” counsel will not be able to represent you going forward, but may be able to answer an urgent question.