The following are some commonly asked questions:
Q: If the police ask me for my name, should I identify myself?
A: Yes. You should assume that the police have the right to know who you are. If you do not identify yourself, you are looking for trouble. The police may detain you until they find out who you are. Also, never falsely identify yourself to the police since this may result in you being charged with a criminal offence.
Q: What if I am pulled over by the police while driving?
A: If you are pulled over by the police while driving, you should provide your drivers' license, as well as your insurance card and ownership card, as required by the Highway Traffic Act. You may be charged with an offence if you do not do so.
If you were involved in an accident, the Highway Traffic Act requires that you tell the police how the accident occurred. Limit your comments to what happened in the accident.
If the police suspect that you may be committing a drinking and driving offence, the police can demand that you complete a Roadside Breath Test. You do not have the right to speak with a lawyer before taking the Roadside Breath Test. If the police have reasonable and probable grounds to believe that your ability to drive is impaired by alcohol or a drug, or if you fail the Roadside Breath Test, the police will place you under arrest and demand that you accompany them to a police station to complete further and more accurate breath tests.
If you refuse to complete any of the demanded breath tests, you will be charged with a criminal offence. Later, the trial Judge will decide whether you had a reasonable excuse for refusing. Be careful. It is usually very difficult to convince a court that you had a reasonable excuse for refusing.
Q: What should I tell the police if they are conducting an investigation and start asking me questions?
A: You have the right to remain silent when being questioned by the police. The police, however, do not have to tell you about this right. As a result, many persons who are investigated by the police end up telling the police too much. If you are suspected of a crime, you should tell the police very little.
Remember that you should assume that the police are entitled to know who you are. Also, it is a good idea to tell the police where you live and what you do for a living. This will assist the police in determining whether or not to release you or hold you in custody for the completion of a Bail Hearing in the event that you are charged with an offence.
It is usually a good idea to simply identify yourself to the police and then ask for a lawyer. Tell the police that you do not want to answer any questions until you speak to a lawyer. As soon as you ask for a lawyer, the police should stop questioning you until you have spoken to a lawyer.
If you are arrested, once you arrive at the police station, you may contact your own lawyer or the police will provide you with a toll-free 1-800 number that will put you in contact with lawyers known as Duty Counsel who are paid by Legal Aid Ontario to provide you with free legal advice 24 hours a day.
After speaking to a lawyer, you may decide to speak to the police. The choice is yours. Remember that you speak to the police at your own peril since anything you tell the police may be used as evidence against you in court. If you do decide to speak to the police, you should tell the truth since you may otherwise be committing a criminal offence.
If you decide not to speak to the police, simply tell the police: "On the advice of my lawyer (or Duty Counsel), I do not want to answer any questions". If the police continue to ask questions (as they are entitled to do), simply remain silent or repeat: "On the advice of my lawyer (or Duty Counsel), I do not want to answer any questions". Keep in mind that the police, if they want information from you, have the right to keep pressing you with questions and may even try to convince you to answer questions by telling you of other evidence they are aware of or what someone else has told them about what they are investigating. These police tactics are legal and they are common. If you have decided not to speak to the police, do not be fooled. Simply remain silent.
Anything you tell the police, even in casual discussions, may be used against you in court. In fact, if you discuss your case with anyone other than your lawyer, including your friends and family, those persons can be called as witnesses against you. It is not unusual for the defence to call the friends and family of an accused as witnesses, for example at the accused's bail hearing, only to end up with the Crown prosecutor forcing these witnesses to disclose any admissions or other information told to them by the accused.
Q: When can the police enter my home?
A: The police can enter your home if they have:
- An arrest warrant
- A search warrant
- Permission from you or from someone else in authority in your home.
Neither you nor anyone else in authority in your home is ever obligated to provide permission to the police to enter your home. Be aware, however, that in limited urgent or emergency situations, the police can enter your home without a warrant or permission (such as, for example, if someone has made a 911 call from within your home that causes the police to believe that someone in your home has harmed or is about to harm someone else).
Q: When can the police search me?
A: In general, the police can search you and your belongings only if you are under arrest or if you consent to being searched (there are rare exceptions, such as when you are entering Canada). You are never obligated to consent to being searched. If the police begin to search you, you should not try to stop them since this may result in you being charged with a criminal offence. The legality of the search, and the admissibility of any evidence that they find during the search, will be determined at your trial.
UPDATE: Articles, Bulletins and Case Law
Q: What are the minimum penalties (both Provincial and Federal) for a drinking and driving conviction?
A: There are several penalties and consequences for a drinking and driving conviction. A summary is available here.
Q: Is it true that as of August 3, 2010, a new Conduct Review Program allows persons charged in Ontario for the first time with an alcohol related drinking and driving offence to have their licence suspension reduced if they plead guilty?
A: Yes. As of August 3, 2010, persons charged in Ontario for the first time with either alcohol-impaired driving or driving with a blood alcohol level in excess of 80 milligrams of alcohol per 100 millilitres of blood (driving while over 80 mgs.) who wish to plead guilty may be eligible to participate in a Conduct Review Program known as Ontario's Reduced Suspension with Ignition Interlock Conduct Review Program. The particulars of the Conduct Review Program are available here.
Q: Where can I get a summary of the requirements of the new Conduct Review Program?
A: A summary of the requirements of Ontario's Reduced Suspension with Ignition Interlock Conduct Review Program is available here.
UPDATE: Articles, Bulletins and Case Law
Q: What should I know if I am considering being a surety for someone who is criminally charged and wants to get out on bail?
A: Information regarding what you should know if you are going to be a surety for someone on bail is available here.
UPDATE: Articles, Bulletins and Case Law
Q: How will my criminal record affect my ability to travel to the United States and other destinations?
A: If you have been convicted of a criminal offence, you may not be able to travel to some countries, even if you don't require a visa to travel to that country. For further information, you should contact the local consulate in Toronto for the country that you want to visit. Useful information for persons with a criminal record travelling to the United States is available here.
UPDATE: Articles, Bulletins and Case Law
Q: Why do I need a pardon if countries like the United States do not recognize a Canadian pardon for purposes of U.S. Immigration law?
A: All persons convicted of a criminal offence should apply for a pardon as soon as they are eligible. Some of the benefits of a pardon are explained here.
