Right to Silence in Ontario
Reviewed by the Commoner Law Editorial Team. Sourced from Canadian federal statutes and official sources. Provincial information reflects each province's own legislation and court rulings. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
What is this right?
The right to silence is a section 7 right, locked in by R. v. Hebert (1990) as a principle of fundamental justice. Police can ask whatever they want; what they cannot do is compel an answer.
One narrow exception: drivers in a lawful traffic stop must identify themselves and produce licence, registration, and insurance under provincial Highway Traffic Acts. Beyond that, silence is your default — and using it can never be held against you in court.
When does it apply?
The right belongs to everyone in Canada — citizen, PR, visitor, undocumented.
- It matters most when you've been arrested or detained.
- Drivers must still hand over licence, registration, and insurance on a lawful stop.
What to Do If Police Are Questioning You in Canada
Say it clearly. Ambiguous silence is easier for officers and courts to read against you.
- Say it out loud: "I wish to remain silent."
- Then: "I want to speak to a lawyer before I answer any questions."
- Stay calm and polite — tone shapes how the encounter ends, even if it doesn't shape the law.
- Driving? Hand over 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 — silence cannot.
- Don't resist physically, even if you think the stop is wrong. Resistance is its own offence.
- Don't read repeated questioning as creating an obligation to answer. It doesn't — and after Singh, the test is whether your eventual answer was voluntary.
- Don't waive the right without speaking to a lawyer first.
How Ontario differs from federal law
The right to silence is guaranteed by the Canadian Charter of Rights and Freedoms (sections 7 and 11(c)) and applies across Canada, but Ontario courts have developed significant case law on how it works in practice.
- You do not have to answer police questions beyond providing your name and address when lawfully required (for example, during a traffic stop under the Highway Traffic Act, R.S.O. 1990, c. H.8).
- If you are detained or arrested, police must inform you of your right to silence as part of the standard Charter caution. Anything you say can be used as evidence.
- Ontario police forces (including Toronto Police Service, OPP, and municipal services) use a standard police caution that includes: "You are not obliged to say anything, but anything you do say may be given in evidence."
- The Ontario Court of Appeal has repeatedly held that police cannot use tricks or pressure to undermine the right to silence after a person has clearly invoked it — though police may continue to ask questions (they just cannot compel answers).
- At trial, the court cannot draw a negative inference from your choice to remain silent.
Additional Steps in Ontario
If you choose to exercise your right to silence, state clearly: "I wish to remain silent" and "I want to speak to a lawyer." Do not physically resist. If police continue questioning after you invoke your right, note the officers' names and badge numbers and raise this with your lawyer — statements obtained in violation of your Charter rights can be excluded under section 24(2) of the Charter.
Relevant Law: Canadian Charter of Rights and Freedoms, ss. 7, 11(c); Highway Traffic Act, R.S.O. 1990, c. H.8, s. 33 (identification during traffic stops)
Common Questions
When does right to silence apply?
The right belongs to everyone in Canada — citizen, PR, visitor, undocumented.It matters most when you've been arrested or detained.Drivers must still hand over licence, registration, and insurance on a lawful stop.
What should I do if police in Canada are trying to get me to answer questions?
Say it clearly. Ambiguous silence is easier for officers and courts to read against you.Say it out loud: "I wish to remain silent."Then: "I want to speak to a lawyer before I answer any questions."Stay calm and polite — tone shapes how the encounter ends, even if it doesn't shape the law.Driving? Hand over licence, registration, and insurance when asked.
What mistakes should I avoid with right to silence?
Don't lie to police. Lying can be charged as obstruction of justice under s. 139 of the Criminal Code — silence cannot.Don't resist physically, even if you think the stop is wrong. Resistance is its own offence.Don't read repeated questioning as creating an obligation to answer. It doesn't — and after Singh, the test is whether your eventual answer was voluntary.Don't waive the right without speaking to a lawyer first.
Right to Silence in other states
Same topic, different jurisdiction. Pick the one that applies to you.