You Have the Right to Remain Silent… Or Do You? By Roshni Sohail
You Have the Right to Remain Silent… Or Do You?
Why some Canadians might need a refresher on their legal rights and what you need to know if you are ever questioned by police.
By Roshni Sohail
When you are arrested for a crime, you must be told your legal rights before the police can question you. It seems straightforward – you have the right to silence and to legal counsel. But did you know that a vast majority of Canadians don’t understand their legal rights? Without fully understanding their rights, people may not be making decisions in their best interest and are not being given the full protection of the law.
Hollywood has made Miranda warnings issued by police famous (think, “you have the right to remain silent… anything you say can and will be used against you in a court of law…”). Shows like Criminal Minds and Law and Order feature scenes with lengthy interrogations, sometimes with lawyers present to guide their clients, telling them when to shut up, and storming out of the room after declaring “my client doesn’t have to answer that”. In Canada, most of these things don’t happen. There is no standard way for police to deliver cautions (rights) to people detained – some organizations simply state them out loud, others might provide them in writing, some may use language that is easy to understand, whereas others may not (what is a “duty counsel” anyway?), and some may read off a list of rapid-fire statements and end it with “do you understand?”, while others may pause after every statement and check whether you understood what was said. Also, police do not have tell you about your
right to remain silent, you do not have a right to have a lawyer in the room while you are being questioned, and police questioning does not stop if you declare “No comment!”.
With the mixed messages from American TV and no clear rules for how police should tell us our rights, no wonder Canadians are unsure of what their legal rights are and what they should be doing to stay protected during police questioning. So, what do you need to know when you are questioned by police? Remember the acronym: SLAP.
S – you have a right to Silence.
L – you have a right to speak to a Lawyer right away (your own or a free one).
A – Anything you say can be used as evidence against you.
P – the police cannot make any Promises or threats to get you to speak.
If that’s too much to remember, the single greatest piece of advice I have is to STAY SILENT.