Understanding Your Right to Remain Silent: What to Know When You’re Facing Police Charges
Introduction
Many people are unaware that, when they are arrested and charged, they have the right to remain silent, meaning they are under no obligation to speak at all.
This right is protected by Section 7 and Section 11(c) of the Canadian Charter of Rights and Freedoms, which safeguards individuals from self-incrimination during legal proceedings.
It’s important to understand that exercising your right to remain silent should never be seen as an admission of guilt. Rather, it serves to protect your right to a full and fair legal defense. Remaining silent helps prevent any potentially harmful statements from being used against you or drawing negative inferences that could damage your case
How to Exercise Your Right to Remain Silent
Consequences of Waiving the Right to Remain Silent
Ultimately, if you choose to answer the questions that the police ask, it carries a few consequences:
Common Myths About the Right to Remain Silent
Myth 1: Remaining silent indicates I am guilty of the crime
Remaining silent is a constitutional right, not an admission of guilt. It protects individuals from sharing self-incriminating information that will be used against them. It does not mean you are guilty of the crime you are being charged with.
Myth 2: If I have nothing to hide, I should help by talking to the police
Not necessarily. The police’s job is not to determine innocence or guilt, it is to gather evidence which can be used against you in the court of law. The information you give can strengthen their ability to further purse an investigation against you.
Myth 3: The police can force and/or pressure me into talking
Invoking the right to remain silent will not stop the police from asking routine questions requires as part of their job. They are not allowed to coerce you into making any statements, it is illegal to do so.
Contact Avtar Bhangal or Savena Bhangal at Mississauga Criminal Lawyers 416-616-4211 or 647-802-4211
