Right to Silence
Written in plain language for general understanding. This is educational content, not legal advice. Based on Canadian federal statutes and official sources.
What is this right?
Section 7 of the Canadian Charter of Rights and Freedoms protects your right to stay silent when dealing with police. The Supreme Court confirmed this in R. v. Hebert (1990) as a principle of fundamental justice.
Police are allowed to ask you questions, but your choice to answer must be voluntary. No one can force you to speak. The one exception is that drivers must identify themselves during a lawful traffic stop under provincial Highway Traffic Acts.
When does it apply?
This right belongs to everyone in Canada, including citizens, permanent residents, and visitors.
- It is most important when you are arrested or detained.
- Drivers must still provide their licence, registration, and insurance during a traffic stop.
What should you do?
- Say clearly: "I wish to remain silent."
- Ask to speak to a lawyer before answering any questions.
- Stay calm and polite at all times.
- If you are driving, provide your licence, registration, and insurance when asked.
What should you NOT do?
- Don't lie to police — lying can be charged as obstruction of justice under s. 139 of the Criminal Code.
- Don't resist physically — even if you disagree with the officer.
- Don't assume repeated questioning creates an obligation to answer — it does not.
- Don't waive your right to silence without first speaking to a lawyer.
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