|
|
|
Your
Constitutional Rights
I. You have
the right to remain silent.
This means
that while the police have a right to ask questions, you are under no legal
obligation to answer. Until you have spoken to your lawyer, the only thing
you must tell the police is your name, address and date of birth.
II. You
have the right, upon arrest or detention, to retain and instruct counsel
without delay.
If you talk
to the police, then they will almost always be able to use what you say
as evidence against you. But, if you say, "I want to talk to my lawyer,"
then the police are legally bound to stop asking you questions. The police
must then provide you with a reasonable chance to contact your lawyer. (You
are not restricted to one phone call -- this is Canada!) If you do not have
a lawyer, then the police will have an obligation to provide you with a
1-800 number for Ontario "Legal Aid." They have lawyers on staff 24 hours
a day. After you speak with a lawyer, the police can continue to ask you
questions. Your right to remain silent will be unchanged. Sometimes the
police are only interested in speaking with you as a witness. In those cases,
you may choose to speak to the police, but you are under no legal obligation
to do so.
III. You
have the right to be presumed innocent until proven guilty.
The police
and the prosecution bear the burden in law of proving the charge against
you beyond a reasonable doubt. You are guilty only if you plead guilty,
or are found guilty after a trial. Generally speaking, you should not
try to prove your innocence to the investigating police officer.
|
 |
