I Have Been Arrested, What Are My Rights?

Rights upon arrest are very important as being detained and arrested is a serious deprivation of your liberty, and there are potentially significant legal consequences that follow being arrested. Without being informed of your rights upon arrest, they become meaningless because you cannot make informed decisions about making a statement, confession, or complying with a breath or blood demand by the police. Your rights upon arrest protect you against self-incrimination.

Do the Police Have to Tell Me Why I Am Being Detained/Arrested?

The Police have a legal obligation under s. 10 (a) of the Charter of Rights and Freedoms to disclose to you why you are being detained or are under arrest. If you are ever unsure if you are in fact being detained, you can ask the officer “Am I free to go?” If they say no, you are being detained and legally they must promptly tell you why. 

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Covid-19 & It’s Impact On The Legal System

Since the World Health Organization declared the Covid-19 a pandemic, there has been a dramatic shift in our day-to-day lives, and how we conduct business. The situation remains fluid and thus has resulted in many industries having to adapt rapidly to changing circumstances, and the legal profession is no exception. Most of the work we undertake is done face-to-face with clients or in the courthouse. Although “legal services” have been classified as “essential work”, many law firms are now meeting with clients virtually, and working from home.

In response to Covid-19, courts have essentially ceased many operations, save and except for “urgent matters”, leaving many to wonder what impact this temporary pause may have on their matter. Each jurisdiction has published dates for which matters are being adjourned forward to. But what impact will this have on ‘unreasonable delay’ arguments?

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