What to Do When You're Arrested in Ontario

Being arrested is one of the most stressful experiences a person can face. Knowing your rights and what to do — and not do — in the moments after arrest can significantly affect the outcome of your case.

Your Right to Remain Silent

This is your most important right. You are not required to answer police questions beyond identifying yourself. Anything you say can and will be used against you. Politely but firmly say: "I am exercising my right to remain silent and I would like to speak to a lawyer."

Your Right to a Lawyer

Under the Canadian Charter of Rights and Freedoms (Section 10(b)), you have the right to retain and instruct counsel without delay when arrested. Police must inform you of this right and must provide you with a reasonable opportunity to contact a lawyer before any questioning.

If you cannot afford a lawyer, you have the right to speak with duty counsel — a free lawyer available 24/7 to provide immediate advice after arrest.

What Not to Do

• Don't resist arrest — even if you believe it's unlawful. Challenge it in court, not on the street.
• Don't consent to searches without being told you're legally required to comply
• Don't make statements or try to explain yourself without speaking to a lawyer first
• Don't sign anything without legal advice

What Happens After Arrest

You will be taken to the police station for processing (fingerprints, photos). Depending on the charge, you may be released with a Promise to Appear or held for a bail hearing. A bail hearing typically occurs within 24 hours of arrest.