Author: See the original byline above.
Jurisdiction: Ontario and federal Canadian law, as applicable.
Currency: This article reflects the law and policy in effect on its original publication date. Laws, procedures and government policies can change; obtain advice about your circumstances.
Research sources: Justice Laws Website · Immigration, Refugees and Citizenship Canada · CanLII
The Right to Remain Silent in Canada: What It Really Means
By Kalina & Tejpal Lawyers | Updated July 2026
Being arrested or detained can be stressful and confusing. One of the most important protections available to a person in Canada is the right to remain silent. Understanding that right—and using it calmly—can help prevent a difficult situation from becoming worse.
What is the right to remain silent?
A person who is arrested or detained generally does not have to answer police questions about an alleged offence. You must provide information where a specific law requires it, and the rules can differ in situations such as roadside investigations. For that reason, obtain legal advice about the particular circumstances.
The right to silence does not usually prevent police officers from asking questions. Officers may continue trying to obtain information even after a detainee says that they do not wish to speak. The safest practical approach is to state clearly and politely that you want to remain silent and wish to speak with a lawyer.
Your right to speak with a lawyer
Section 10(b) of the Canadian Charter of Rights and Freedoms gives a detained or arrested person the right to retain and instruct counsel without delay and to be informed of that right. Once the right is invoked, police must generally provide a reasonable opportunity to contact counsel and hold off attempting to obtain evidence from the detainee until that opportunity has been provided, subject to the circumstances and recognized legal exceptions.
A useful response is: “I want to speak with a lawyer. I do not wish to answer questions.”
Why trying to explain can create problems
People sometimes believe that a quick explanation will resolve a misunderstanding. Statements made under stress, however, may be incomplete, inaccurate or interpreted differently than intended. Police may compare a statement with later evidence, and inconsistencies can become important in the prosecution.
Remaining silent is not the same as being uncooperative. Stay calm, do not resist, follow lawful physical directions and avoid arguing about the case. A lawyer can advise what information must be provided and whether any interview should occur.
Do not discuss the case with other people
Comments made in police vehicles, detention areas, telephone calls, text messages or social media posts may not be private. Avoid discussing the facts of the case with anyone other than your lawyer. Solicitor-client communications receive special legal protection, but conversations with friends, relatives or other detainees generally do not receive the same protection.
What happens after you contact counsel?
Duty counsel may be available if you do not have a lawyer. A lawyer can explain the allegation, advise whether you are required to answer particular questions and discuss immediate issues such as release conditions or a bail hearing. The advice will depend on the facts known at that time.
Key points to remember
• Stay calm and do not resist.
• Ask why you are being detained or arrested.
• Clearly request a lawyer.
• State that you do not wish to answer questions.
• Do not try to persuade police of your innocence before receiving advice.
• Do not discuss the case with other people or post about it online.
• Follow the legal advice provided for your situation.
If you have been arrested, charged or contacted by police, prompt advice from a criminal defence lawyer can help protect your rights and preserve important evidence.
Kalina & Tejpal Lawyers serves clients in Mississauga, Etobicoke and throughout the Greater Toronto Area. Call 416-900-6999 or toll-free at 1-844-268-6477.
This article provides general information only and is not legal advice. The law changes, exceptions may apply, and the correct response depends on the individual circumstances.
SPEAK WITH COUNSEL
If you have been arrested, detained or questioned by police, call 416-900-6999.
