What should you do if police have contacted you and want to speak to you? Many people speak to police in order to “clear things up” or show they have nothing to hide. In reality, speaking to police without legal advice is one of the most common and serious mistakes people make—even when they believe they are innocent.
You Have the Right to Remain Silent
In Canada, you have the right to remain silent. With limited exceptions (such as identifying yourself in certain situations), you are not required to answer police questions. This right exists to protect you. Police officers are trained investigators. Their role is to gather evidence that may be used in court. They are not neutral advisors, and they are not required to help you understand the legal consequences of what you say. They know how to pressure people into talking. It may seem impossible, but sometimes people confess to crimes they haven’t committed after being subjected to high pressure interrogations. False confessions are a leading cause of wrongful convictions
Anything You Say Can Be Used Against You
Statements you make to police can be introduced as evidence at trial. Even casual or informal comments—made during a “friendly conversation”—can later be relied on by the Crown. Importantly, things you say to absolve yourself of the crime to police officers likely cannot be introduced as evidence due to hearsay rules. Incriminating statements fall into an exception to the rule that allows the Crown to introduce your statement if it is a statement that is against your interests. This means that literally, nothing you say can help your case.
Consider also:
- You do not know what information police already have
- You may unintentionally confirm or fill gaps in their case
- You may say something inaccurate due to stress, memory gaps, or misunderstanding
Police are legally permitted to use certain deceptive tactics during questioning. This can include:
- Suggesting they already have strong evidence
- Minimizing the seriousness of the situation
- Implying cooperation will help you
A lawyer can help you understand that police statements are not legal advice, and that perceived benefits of talking are often overstated.
Innocent People Can Harm Their Own Case
Many criminal cases are built largely on an accused person’s own words. This includes situations where:
- A person tries to explain or justify events
- A person speculates or guesses when unsure
- A person minimizes conduct in a way that still amounts to an admission
A Lawyer Protects Your Rights from the Start
Speaking to a lawyer before any police interview allows you to:
- Understand whether you should speak at all
- Know what police can and cannot lawfully do
- Avoid self-incrimination
- Preserve potential Charter arguments
Early legal advice can significantly affect whether charges are laid, and the final outcome of a criminal matter. What you do—or say—in the first interaction with police can shape the entire case.
If you have been contacted by police or are facing charges, call 587-731-0382 today, and one of our lawyers will provide the advice you need.