Getting Arrested!!? What Are Your Rights?.

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Presentation transcript:

Getting Arrested!!? What Are Your Rights?

A Police Officer approaches you on the street and asks if they can speak with you… What are you obligated to do? Answer their Questions Give them your personal information Nothing

Answer: Nothing! Being asked questions on the street by the police is called “being detained” If you are being detained, you have the right to refuse to answer any questions Police can choose to either arrest you, or they have to let you go You cannot be detained against your will, unless you are being arrested If this happens…ask for a lawyer

But…What if you do get arrested? A request to speak to a lawyer must be honoured immediately The accused will receive either a duty counsel or a legal aid Defence lawyer numbers provided plus phone call Do not need to provide any information other than name, address, occupation, date of birth

Section 10 of the Charter Everyone who is detained or arrested has the right to: Be informed on the reason why Retain and instruct counsel Have the validity of arrest or detention proven by way of “habeas corpus” (produce the body of evidence of the crime)

Do questions #1-4 on this case R. v. Singh pg. 163 Do questions #1-4 on this case