What Are Your Rights When You Are Arrested or Detained in Ontario?

Top-rated criminal defence lawyer in Ontario. Pyzer Criminal Lawyers offers experienced legal representation for all…

Fundamental Rights You Have Upon Arrest or Detention in Ontario

Section 10 of the Canadian Charter lists three core guarantees that are triggered the moment you are detained or arrested: to be told why you are being held, to speak with counsel without delay, and to challenge the legality of the detention.

Other Charter sections (7, 8, 9, 12) and Ontario provincial regulations build on those guarantees. These rights are in place to ensure that you are treated fairly, that the legal process is conducted properly, and that you can protect yourself and exercise your legal options effectively.

In summary, upon arrest or detention, you have the:

Right to be informed of the reasons for arrest
Right to silence
Right to legal counsel
Right against unreasonable search and seizure
Right to humane treatment

1. Right to be Informed of the Reasons for Your Arrest

Police must tell you—promptly and in plain language—why you are being arrested or detained. They cannot rely on vague phrases such as “outstanding matters.” The disclosure must be enough for you to decide whether to cooperate and to instruct counsel. Failing to provide a clear reason can make the detention arbitrary and lead to the exclusion of evidence.

2. Right to Silence

Nothing in Canadian law forces you to answer investigative questions. You must give your name, date of birth, and address only if:

You are driving or cycling and an officer lawfully stops the vehicle;
The officer believes you have broken a provincial offence and asks for identification to issue a ticket; or
You are released on an undertaking that requires identifying information.

Outside those narrow settings, you may politely decline to answer. Remaining silent helps protect against self-incrimination and ensures that your statements are not used against you in court. Courts have repeatedly confirmed that silence cannot be used as evidence of guilt.

It is recommended that you clearly state your intention to exercise this right and refrain from answering any questions until you have consulted with a lawyer.

3. Right to Legal Counsel

You have the immediate right to speak to a lawyer of your choice in private. Police must:

tell you about this right as soon as you are detained or arrested;
stop questioning until you have had a “reasonable opportunity” to consult a lawyer; and
provide access to free 24-hour duty counsel if you cannot reach a lawyer you know.
Once you finish the call, officers may continue interviewing you. A second call is required only if circumstances change significantly—for example, new charges are added. The Supreme Court confirmed this limit in R v Sinclair.

Right Against Unreasonable Search and Seizure

Section 8 of the Charter protects your reasonable expectation of privacy. Police generally need a warrant to search your home, digital devices, or person unless an established warrantless-search power applies (e.g., a pat-down for officer safety during arrest). Evidence gathered through an unlawful search can be excluded under section 24(2).

That said, you can refuse consent to any search not legally justified by a warrant or lawful authority. If you voluntarily consent to a search, it may limit your ability to challenge the search later in court. Remember to always respectfully ask if you are legally required to comply before agreeing to a search.

Right to Humane Treatment During Detention

Section 12 bars cruel or degrading treatment. While in custody, you have the right to humane treatment, which includes protection of your dignity and access to basic needs. These rights include:

Access to necessary medical care.
Provision of adequate food, water, and shelter.
Protection from physical or psychological abuse.
The ability to document and report any mistreatment for legal review.
Accommodation of disabilities and religious needs where reasonable.

Special Rights and Protections for Youth Under 18 in Ontario

Young persons under the age of 18 are entitled to special legal protections and rehabilitation under the Youth Criminal Justice Act (YCJA). These protections recognise that youth may not fully understand the legal process and aim to ensure they are treated fairly and appropriately.

When a youth is arrested or detained, they are entitled to additional rights beyond those provided to adults. These enhanced protections include:

Immediate Notification of Parents or Guardians: Police must promptly notify a youth’s parent or guardian of the arrest or detention.
Right to Have Parents or Guardians Present During Questioning: Youth have the right to have a parent, guardian, or another appropriate adult present during police questioning.
Right to Have Legal Counsel Present During Questioning (s.25 YCJA): Officers must explain the right in age-appropriate language and give youth a reasonable chance to contact both a lawyer and a parent or responsible adult..
Clear Explanations of the Right to Silence: Police must clearly explain to youth that they have the right to remain silent and that anything they say may be used as evidence.

These safeguards are designed to ensure that youth are fully informed of their rights and able to participate in the legal process with appropriate support. In addition, officers must consider warnings, cautions, or diversion programs before laying a charge.

Rights of Vulnerable Individuals During Arrest in Ontario

Vulnerable individuals, including those with mental health conditions, language barriers, or disabilities, are entitled to specific protections during arrest or detention in Ontario. These safeguards help ensure that every individual fully understands their rights and receives fair treatment under the law.

Key protections for vulnerable individuals include:

Right to Interpreters or Translators: If you do not understand English or French, you have the right to an interpreter to ensure you comprehend the proceedings.
Right to Support Persons or Advocates: Individuals with disabilities or mental health concerns may request the presence of a support person to assist during questioning.
Special Considerations to Ensure Comprehension: Police must take steps to confirm that vulnerable individuals understand their rights and the nature of the legal process. In doing so, they should use simplified language or additional explanations and accommodations (e.g., provide ASL interpretation, allow assistive devices) where necessary, unless doing so would jeopardize safety.

These measures help protect vulnerable individuals from misunderstandings and ensure that their legal rights are fully respected.

What Happens if Your Rights Are Violated During Arrest or Detention?

If your rights are violated during an arrest or detention in Ontario, there are a number of consequences, including:

Exclusion of Evidence. A Charter breach may lead the trial judge to exclude the resulting evidence if its admission would bring the administration of justice into disrepute.
Stay of Proceedings. In egregious cases (e.g., prolonged incommunicado detention or police brutality), the court can halt the prosecution entirely.
Civil Lawsuit. You may sue the police service and officers personally for damages under section 24(1) of the Charter or torts such as battery and false arrest.
Police-Oversight Complaint. From April 2024, complaints will go to the Law Enforcement Complaints Agency under the Community Safety and Policing Act.

Below are important steps you can take to protect yourself and address the misconduct. Acting promptly and carefully documenting any violations is critical for preserving your legal options.

Steps to take if you believe your rights have been violated:

Clearly Document the Violation: Write down all details, including the time, date, location, names or badge numbers of officers involved, and any witnesses present.
Contact a Criminal Defence Lawyer Promptly: A lawyer can advise you on how to protect your legal interests and respond appropriately to the violation.
Use Rights Violations as Potential Legal Defence: In some cases, a violation of your rights can lead to evidence being excluded or charges being dismissed.

Legal guidance is essential when navigating these situations, as an experienced criminal defence lawyer can help assess the impact of the violation on your case and advocate effectively on your behalf.

Seek Legal Assistance After an Arrest in Ontario

If you are arrested or detained in Ontario, contacting an experienced criminal defence lawyer immediately is essential. Early advice makes a measurable difference to bail prospects and long-term outcomes. Our criminal defence team can:

Attend the police station or arrange virtual counsel.
Negotiate your release on the least onerous conditions;
Gather body-worn-camera and cell-block video to confirm how you were treated
File Charter motions to exclude unlawfully obtained evidence.

If you or a loved one has been arrested, call our 24-hour line. An experienced lawyer will guide you step by step.

Common Questions About Your Rights When Arrested in Ontario

Understanding your rights during an arrest can be challenging, especially under stressful circumstances. Below are clear answers to some of the most common questions when dealing with police in Ontario.

Can police continue questioning after I speak with a lawyer?

Usually, yes. Once you have had a reasonable chance to get legal advice, officers may resume the interview. They need not re-advise you of your rights unless the situation changes significantly, such as new, more serious charges. The Supreme Court confirmed this in R v Sinclair, where the Court held that the right to counsel does not guarantee a lawyer’s presence during questioning. Nevertheless, you maintain your right to silence at all times and are not obligated to answer any further questions. Exercising your right to remain silent can help protect your legal interests.

Do police need to stop questioning me if I ask to speak to a lawyer?

If you clearly request to speak to a lawyer after being detained or arrested, police must stop questioning you until you have had a reasonable opportunity to contact and consult with one. It is important to state this request clearly and assertively to ensure that your right to counsel is respected. Police have to give you a second consultation only if there is a material change in circumstances: for example, they introduce new evidence, propose a polygraph, or you clearly do not understand your initial advice. Simply repeating “I want my lawyer” will not oblige officers to halt the interview once the first consultation has occurred.

Can I refuse to give ID to police in Ontario?

It depends on the context. You must produce your driver’s licence, ownership, and insurance when lawfully stopped while driving. You may refuse during a casual encounter or street check; the 2017 Ontario regulation on carding explicitly says you may decline to identify yourself without penalty. During investigative detention or arrest, giving your real name and date of birth avoids an “obstruct police” charge. Outside those situations, you are free to remain silent.

Share this article

Jonathan Pyzer

Jonathan Pyzer, B.A., L.L.B., is an experienced criminal defence lawyer and distinguished alumnus of McGill University and the University of Western Ontario. As the founder of Pyzer Criminal Lawyers, he brings over two decades of experience to his practice, having successfully represented hundreds of clients facing criminal charges throughout Toronto.