• Thanks for stopping by. Logging in to a registered account will remove all generic ads. Please reach out with any questions or concerns.

Actions upon arrest

observor 69

Army.ca Veteran
Inactive
Reaction score
3
Points
430
Have recently become interested, from various media stories, in how one should act upon arrest.

Does this link, although in the US, give a good rough guide?

http://www.posterlaw.com/what-to-do-if-you-are-arrested/
 
Here's a reference more suited to Canadian law.

http://www.legalinfo.org/legal-information/legal-information-content/you-and-the-police.html
 
In Canada the Miranda rights were voted down by the supreme court. Therefore, as an arrested individual the right to an attorney does not exist. If you were arrested I imagine that the advice of just staying silent and being polite and cooperative when not under interrogation would still apply.

link:
http://fullcomment.nationalpost.com/2010/10/08/tasha-kheiriddin-supreme-court-makes-it-official-miranda-and-canada-dont-mix/

"But if you happen to land in a police interrogation room on the Canadian side of the border, don’t try to argue for your Miranda Rights. Up here, you don’t have them.  In a split decision, the Supreme Court of Canada ruled today that detainees do not have the right to have a lawyer present throughout questioning by police."
 
Best thing to do is do what the LEO is asking you do to even if you're innocent.  Things will get sorted out later and you'll be released, resisting will just get you hurt/in actual trouble. 
 
"What Do I Do If I Am Arrested:
In November, 2006, Lawyershop spoke with Ed Prutschi from about the initial stages of Court procedures in Ontario.":
http://info.lawyershop.ca/criminal/index.php/archives/2006/12/21/what-do-i-do-if-i-am-arrested-interview-with-edward-prutschi/

This is an employee - pension benefit we have:
http://www.sykesassistance.com/page.php?cid=72&aid=4&PHPSESSID=5a1b62df161bc9cb60d901e51bcc60a1
 
Sapperian said:
In Canada the Miranda rights were voted down by the supreme court. Therefore, as an arrested individual the right to an attorney does not exist. If you were arrested I imagine that the advice of just staying silent and being polite and cooperative when not under interrogation would still apply.

link:
http://fullcomment.nationalpost.com/2010/10/08/tasha-kheiriddin-supreme-court-makes-it-official-miranda-and-canada-dont-mix/

"But if you happen to land in a police interrogation room on the Canadian side of the border, don’t try to argue for your Miranda Rights. Up here, you don’t have them.  In a split decision, the Supreme Court of Canada ruled today that detainees do not have the right to have a lawyer present throughout questioning by police."

You've misinterpreted what the decision said.  You do have the right to consult an attorney - you do not have the right to have an attorney present throughout an interrogation.
 
Sapperian said:
In Canada the Miranda rights were voted down by the supreme court. Therefore, as an arrested individual the right to an attorney does not exist. If you were arrested I imagine that the advice of just staying silent and being polite and cooperative when not under interrogation would still apply.

link:
http://fullcomment.nationalpost.com/2010/10/08/tasha-kheiriddin-supreme-court-makes-it-official-miranda-and-canada-dont-mix/

"But if you happen to land in a police interrogation room on the Canadian side of the border, don’t try to argue for your Miranda Rights. Up here, you don’t have them.  In a split decision, the Supreme Court of Canada ruled today that detainees do not have the right to have a lawyer present throughout questioning by police."

While you're right in 2010 R. v. Sinclair the Supreme Court of Canada did vote not to import the "Miranda Rights" that American's have available, the Canadian Charter of Rights and Freedom's offers you similar rights on arrest such as:
to be informed promptly of the reasons therefor;
to retain and instruct counsel without delay and be informed of that right;
to have the validity of the detention determined by way of habeas corpus and to be released if the detention is not lawful.

These rights are explained to you if/when you get arrested.  There are several of them that are read to you and you are asked if you understand the rights.

Best advice: Don't find yourself in a position where there is reasonble grounds to be arrested. 
 
Back
Top