When you are arrested or detained by police in Canada, you have important constitutional rights that exist to protect you from unfair treatment and improper questioning. One of the most critical protections is your right to speak with a lawyer. This right is guaranteed by section 10(b) of the Canadian Charter of Rights and Freedoms and applies immediately upon arrest or detention.
Understanding how this right works, when it applies, and what police are required to do can make a significant difference in how a criminal case unfolds.
What Is the Right to Counsel?
Section 10(b) of the Canadian Charter of Rights and Freedoms guarantees that anyone who is arrested or detained has the right to retain and instruct counsel without delay and to be informed of that right. This means police must clearly tell you that you have the right to speak to a lawyer and must provide you with a reasonable opportunity to do so.
This right exists to ensure you understand your legal position before making decisions or answering questions that could affect your case.
When Does the Right to a Lawyer Apply?
Your right to a lawyer applies the moment you are detained or arrested. Detention does not always mean being handcuffed or taken to a police station. If a reasonable person would feel they are not free to leave or must comply with police direction, detention may already be occurring.
Traffic stops, investigative questioning, and roadside detentions can all trigger Charter protections depending on the circumstances.
What Are Police Required to Do?
Once detention or arrest occurs, police have specific legal obligations. They must inform you of your right to speak with a lawyer immediately and stop questioning you until you have had a reasonable opportunity to contact counsel.
If you choose to speak with a lawyer, police must provide privacy and must not attempt to influence or interfere with that conversation.
Do I Have to Speak to Police Before Calling a Lawyer?
No. You are not required to answer questions before speaking with a lawyer. In fact, exercising your right to counsel before giving any statements is often critical. Anything you say to police can be used as evidence, even if you believe you are helping your situation.
Choosing to remain silent until you have legal advice is not an admission of guilt. It is the exercise of a constitutional right.
What If Police Delay or Deny Access to a Lawyer?
If police fail to inform you of your right to counsel, delay access without justification, or continue questioning you after you request a lawyer, your Charter rights may be violated. These violations can have serious consequences for the prosecution’s case, including the exclusion of evidence.
Charter breaches are often addressed through strategic defence motions and require careful analysis of the facts and police conduct.
Why Early Legal Advice Matters
Early legal advice can shape the direction of a criminal case from the very beginning. A criminal defence lawyer can explain your rights, help you understand the allegations, and guide you through interactions with police and the court system.
Many Charter-related issues, including unlawful detention, improper questioning, and right-to-counsel breaches, are closely connected to other early-stage procedures such as release decisions and bail hearings. You can learn more about this stage on our Bail Hearings page.
Getting Legal Help
If you have been arrested or detained, understanding and exercising your right to a lawyer is one of the most important steps you can take to protect yourself. White & Jeet Criminal Defence represents individuals across Alberta and regularly addresses Charter issues involving police conduct and constitutional rights.
If you are facing criminal charges or believe your rights may have been violated, seeking legal advice as early as possible can make a meaningful difference in your case.
