Being arrested in Canada can be a deeply distressing experience—especially if it’s your first encounter with the criminal justice system. In that moment, confusion, fear, and panic are all normal reactions. But what you do in the minutes, hours, and days following your arrest can have a serious impact on the outcome of your case.
If you’re asking yourself, “What should I do if I’m arrested in Canada?”—this guide will walk you through your rights, responsibilities, and next steps.
Your Legal Rights Under the Canadian Charter
If you are arrested or detained by police in Canada, you are protected by the Canadian Charter of Rights and Freedoms, which guarantees the following:
The right to be informed promptly of the reason for your arrest or detention.
The right to retain and instruct counsel without delay.
The right to remain silent.
Police officers are legally required to inform you of these rights. If they fail to do so, or if they violate any of them, your lawyer may be able to challenge the legality of your arrest or any evidence gathered.
What to Do Immediately After Being Arrested
1. Stay Calm and Comply
Avoid arguing, resisting, or physically engaging with the officers. Even if you believe the arrest is unfair or mistaken, remaining calm and non-confrontational is essential. Resisting arrest can lead to additional charges and may harm your defence.
2. Ask Why You’re Being Arrested
You have the right to know why you’re being arrested. Ask the officer clearly:
“What am I being arrested for?”
They are required to tell you. This information is crucial for you and your lawyer to understand the scope of the allegations.
3. Exercise Your Right to Remain Silent
You are not required to answer police questions beyond identifying yourself (name, date of birth, and address). Anything else you say can—and likely will—be used as evidence in court.
Avoid discussing your case, justifying your actions, or attempting to “clear things up.” Wait until you’ve spoken with a criminal defence lawyer before making any statements.
4. Ask to Speak to a Lawyer
You have the right to speak to a lawyer without delay. Once you ask, the police must stop questioning you until you’ve had the opportunity to contact legal counsel. This is your legal safeguard—use it.
If you do not have a lawyer, you can ask to speak with duty counsel, who provides free legal advice over the phone or in person.
What Not to Do
Do not argue your case with the police. They are not there to decide your guilt or innocence.
Do not consent to searches of your property or phone unless a warrant is presented.
Do not attempt to explain or negotiate. That’s your lawyer’s job.
After the Arrest: What Happens Next?
After you’re arrested, you may be:
Released with a Promise to Appear in court at a later date.
Held for a bail hearing if the police decide not to release you.
A bail hearing must be held within 24 hours. It’s critical to have legal representation during this stage to argue for your release and to propose conditions the court may consider acceptable.
Why You Need a Criminal Defence Lawyer
Navigating the criminal justice system without legal guidance puts you at risk. A criminal defence lawyer will:
Ensure your Charter rights were respected.
Review the evidence against you.
Represent you at bail hearings, trial, or plea negotiations.
Help you understand the possible penalties and your legal options.
Even seemingly minor charges can carry long-term consequences—such as a criminal record, travel restrictions, or employment barriers. Don’t take the risk of going through this alone.
If you’ve been arrested in Canada, the most important thing you can do is remain calm, exercise your rights, and speak to a qualified criminal defence lawyer as soon as possible. Knowing what to do after an arrest can protect your legal interests and help build a strong defence from day one.
Need Legal Help?
If you or someone you care about has been arrested in Toronto or anywhere in Ontario, contact CBLAW today for immediate legal assistance. We are available 24/7 and have experience defending clients in a wide range of criminal matters.
Call now or book a free consultation to discuss your options.