Police Investigations
Upon witnessing an event or receiving information regarding a potential criminal act, police will embark upon an investigation. Essentially, police investigations are where police gather evidence to determine if their suspect is chargeable with a criminal offence.
What happens when you become the subject of a police investigation?
We are criminal defence lawyers with over 30 years of experience, skilled in steering our clients through police investigations from beginning to end. Our goal is clear and simple: to preserve your rights under the Charter of Rights and Freedoms. These rights include:
- The right to remain silent;
- The right to obtain legal advice upon detention or arrest;
- The right to be free from an unreasonable search and seizure;
- The right not to be detained or arrested arbitrarily;
- The right to be treated by police in a fair and non-oppressive manner, including, in appropriate situations, the right to a translator or medical assistance before speaking to police.
Your Right to Remain Silent
The right to remain silent is fundamental to Canadian law. Our law dictates that is it up to the state (the police and Crown counsel) to prove crimes against an accused person. The accused has no obligation, except in very limited circumstances, to cooperate with the police whatsoever. We certainly understand that when people are confronted by police as a suspect in a criminal investigation that the vast majority of people feel intimidated and powerless. If you are under police investigation for any offence, contact us. We can act as a “buffer” between you and the police. We can communicate to the investigators on your behalf without putting you at risk of incriminating yourself. We will help you enforce your right to remain silent and your rights against self-incrimination that are guaranteed by the Charter.
Can you avoid being arrested or held in police custody?
The Criminal Code provides police and Crown a wide measure of discretion in deciding whether to arrest or whether to seek an accused’s detention prior to trial. For example, s. 496 allows an officer to, rather than arrest a suspect, issue an appearance notice, directing the suspect to attend court on a future date. Similarly, s. 497 and s. 498 allow a police officer to release an arrested person by issuing an appearance notice or summons to court. Even where the suspect is arrested on a warrant, s. 499 allows police to release a suspect on a promise to appear or on an undertaking with protective conditions such as orders of “no contact,” “non-attendance,” or various types of prohibitions for items such as weapons, communication devices or other items.
When clients under investigation contact us early enough, we will endeavor to persuade police to not arrest our client at all, or to promptly release them on the least restrictive conditions possible. To succeed in these representations, we must establish that, in the circumstances, it is not necessary to hold our client in custody, including the need to:
- Establish our client’s identity;
- Secure or preserve evidence relating to the alleged offence;
- Prevent the continuation or repetition of the offence or another offence; or
- To ensure the safety and security of any victim of or witness to the offence.
Representing Clients under Investigation
Whether you are suspected of theft, assault, a driving offence, a drug offence or a serious crime, the police will undoubtedly want to speak with you, to “hear your side of the story.” Before speaking to police, you should understand that, under the Charter, you are not obliged to do so. Under Canadian law, your silence cannot be used later in court to infer that you must have something to hide. Over the years we’ve had many successful cases because our client was able to properly exercise their right to remain silent. Before speaking to the police, call us.
