If the police want to speak to you, no matter the type of accusations, you have rights. Understanding these rights could help protect you in critical situations. Unfortunately, police questioning rights in Canada are not always fully understood. Many individuals mistakenly think that if they are innocent, they can freely talk to the police, which can put them at risk.
If you are called in for questioning, it’s important to call a Vancouver criminal lawyer right away and let your lawyer guide you on what to say and, more importantly, what not to say.
Know Your Rights Under the Law
The Vancouver Police Department follows very specific rules when conducting interviews and custodial interrogations. The department’s definition of custodial interrogation explains that the goal is to “elicit an incriminating response from an individual and occurs when reasonable individuals, in the same circumstances, would consider themselves in custody.”
To protect yourself, consider the following rights and steps to take during a police interrogation:
Your Rights Under the Canadian Charter of Rights and Freedoms
Under the Canadian Charter of Rights and Freedoms, you have specific protections during interrogations and interviews. Key rights include:
● Right to Silence: You do not have to answer any questions, and in many cases, it is in your best interest to remain silent.
● Right to Legal Counsel: If you request a lawyer, the police must provide you access to a qualified legal professional.
If you are arrested or detained lawfully, you are required to provide your name, address, and date of birth. Beyond that, you are not obligated to answer any additional questions.
What to Expect During an Interrogation
If you’re accused of a crime or asked to come in for questioning, the first thing you should do is contact a Vancouver criminal defence lawyer. The police might not arrest you initially but will ask you to tell your side of the story. Keep in mind, even if they say they just want to hear your version of events, they may have full intentions of pressing charges.
Some typical statements you might hear include:
● “This is your opportunity to tell your side of the story.”
● “If you don’t speak with me, I will have to assume everything I know is true.”
It’s important not to fall for the misconception that they already have all the facts. Police may withhold information and could be seeking additional details to support their case.
If you decide to speak without counsel, expect to be asked various questions, sometimes even repeated in different ways. While police cannot legally coerce a confession, they are trained to get you to speak, even if you have the right to remain silent.
Always seek legal counsel before speaking to the police to avoid inadvertently saying something that could harm your case.
Police Tactics You Might Encounter
During an interrogation, the police may employ various tactics to get you to speak. These tactics may include:
- Friendly Conversations: They may appear friendly and “on your side,” trying to make you feel comfortable. Statements like, “Tired? Did you have a late night last night?” are intended to disarm you.
- Leading Questions: For example, “You were at the bar last night, right?” Police often ask questions that may guide you into making a statement that can later be used against you.
- Emotional Manipulation: Police may use statements like, “Look, I understand how this could have happened. It’s tough.” This is designed to make you feel like confessing will alleviate the situation.
Remember: The police are not obligated to tell you everything they know. They may lie about having evidence or even suggest that they have fingerprints or other forensic evidence. Always remain silent and wait for your lawyer.
Asserting Your Right to Legal Counsel
While it may feel uncomfortable or even make you feel like you’re guilty, asserting your right to legal counsel is not an admission of guilt. In fact, it’s the best way to protect yourself. Requesting legal advice helps eliminate manipulation and ensures that any statements you make are not misconstrued.
It is your legal right to have a lawyer present before and during police questioning.
What to Do Now If You Are Facing an Interrogation
The most effective way to protect yourself during a police interrogation is to speak with an experienced Vancouver criminal lawyer before answering any questions.
Contact Vancouver criminal defence lawyer Tom Doust at (604) 618-7994 or complete the contact form here to receive immediate legal help before or during a police interrogation.
