Arrest Rights
Written in plain language for general understanding. This is educational content, not legal advice. Based on Canadian federal statutes and official sources.
Canadian Federal Law
What is this right?
When police arrest you, the Charter gives you several protections.
- Section 10(a) — Police must tell you why you are being arrested.
- Section 10(b) — Police must tell you about your right to a lawyer.
- Section 503 of the Criminal Code — You must be brought before a justice within 24 hours.
- Section 11(e) — You have the right to reasonable bail.
Canadian law follows the "ladder principle" — police must use the least restrictive form of release first.
When does it apply?
These rights apply to everyone in Canada upon lawful arrest.
- Bail rights apply to anyone who is charged with an offence and held in custody.
What should you do?
- Ask: "Why am I being arrested?"
- Say: "I want to speak to a lawyer."
- Provide your name and address when asked.
- Comply physically with the arrest — challenge it later in court.
- Make sure you understand any bail conditions before agreeing to them.
What should you NOT do?
- Don't resist arrest — resisting is an offence under s. 129 of the Criminal Code, even if the arrest turns out to be unlawful.
- Don't give a statement without first speaking to a lawyer.
- Don't agree to bail conditions you don't understand — breaking them is a separate offence under s. 145.
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