Learn more about your rights

The Canadian Charter of Rights and Freedoms (the Charter) is a legal document which guarantees a number of rights and freedoms. It forms part of our Constitution, which is the highest law in our country. The Charter protects people from the powers of the state, like police officers and government.

The Charter came into force on April 17, 1982. The scope of our rights and freedoms as stated in the Charter are litigated by lawyers in courtrooms across Canada. Judges decide just how broad or narrow each right in the Charter actually is – this is called case law, and it is constantly evolving.

The Charter has been translated to over 30 languages, which you can access here.

Scroll to the bottom of this page to download a copy of the Charter in English or French.

Section 10(b) is one of your constitutional rights as guaranteed by the Charter. It guarantees that everyone has the right on arrest or detention to retain and instruct counsel without delay and to be informed of that right.

And in French, Chacun a le droit, en cas d’arrestation ou de détention d'avoir recours sans délai à l'assistance d'un avocat et d'être informé de ce droit.

To provide a person who has been arrested or detained with an opportunity to seek legal advice at a time when they are most vulnerable to the exercise of police power.

Section 10(b) helps to offset the power imbalance between the police and the public by giving you access to someone who understands the process and can advise you on how to navigate your interactions with the police.

Everyone, regardless of immigration status, age, gender, race, religion or creed. This includes visitors to Canada.

On arrest or detention. Generally, this occurs when a police officer, or other agent of the state, assumes control your movements. Detention can be physical (i.e. the police touch you, put you in their vehicle, or handcuff you). It can also be psychological (ask yourself: would a reasonable person in this situation feel that they were free to go?).

Not every detention will trigger s. 10(b). For example, if you are pulled over for a traffic violation, or if the police are conducting an impaired driving investigation at roadside, your s. 10(b) rights may be suspended.

The scope of s. 10(b) is in a state of constant evolution. Lawyers are arguing the scope of this right everyday in courtrooms across the country.

Broadly speaking, there are two components. First, if you are detained or arrested, the police must immediately* advise you of your right to contact a lawyer. This is called the “informational” component. Most police officers carry a card that includes standard wording of your s. 10(b) Charter rights. It may look something like this:

I am arresting / detaining you for _________. You have the right to retain and instruct a lawyer without delay. This means that before we proceed with our investigation you may call any lawyer you wish or a lawyer from a free legal advice service immediately. If you want to call a lawyer from a free legal advice service, we will provide you with a telephone and you can call a toll-free number for immediate legal advice. If you wish to contact any other lawyer, a telephone and telephone books will be provided to you. If you are charged with an offence, you may apply to Legal Aid for assistance. Do you understand? (Record answer). Do you want to call a free lawyer or any other lawyer? (Record answer).

You are entitled to a translator to communicate your right to counsel to you in a language that you understand. If the police officer read too fast, or you do not understand, tell them, because you have a right to be given this information in a language that you understand.

The second component of the right to counsel is the “implementation” component. This is only engaged if you tell the police that YES, you wish to contact a lawyer. The police have a duty to facilitate your access to a lawyer immediately upon your request to speak to one. This means that the police must give you access to a phone, and the tools that you need to call a lawyer – which may include a phone book, the contacts in your phone, and access to a toll free number where you can access immediate and free legal advice. You have the right to a lawyer even if you cannot afford one.

Once you have told the police that YES, you want to speak to a lawyer, they have a duty to “hold off” from trying to obtain any evidence from you until you have had a reasonable opportunity to speak to a lawyer. This means that they cannot lawfully question/ interrogate you, or otherwise force you to create evidence against yourself until you have had a reasonable opportunity to speak to a lawyer, or have waived your right to do so.

____

*if there are dangerous/ exigent circumstances, the police may be able to justify a delay.

You are entitled to contact your family/ friends for the purpose of getting help to call a lawyer.

You have a right to consult with the lawyer of your choice. If you cannot get them on the phone when you call, you have the right to wait a reasonable amount of time to see if they become available. You are guaranteed a “reasonable opportunity” to speak to the lawyer of your choice. What is reasonable will depend on the circumstances. You may ultimately have to call another lawyer if your first choice does not become available.

You have a right to speak with your lawyer in private. You have the right to speak with your lawyer for as much time as you require to comprehend their advice, so long as it is reasonable. If you are not satisfied by the advice you receive from one lawyer, you can call another.

No. Unlike in America, you do not have a right to have a lawyer present with you at this stage unless you are a youth (under 18 years old).

If you are charged with an offence, and you go to trial, you may be able to establish a violation of your s. 10(b) Charter rights. If you are able to establish a breach of your rights, then you may be entitled to a remedy (an example, the evidence against you may be thrown out).

If you are interested in reading court decisions dealing with any legal issue, the Canadian Legal Information Institute (CanLII) is a free, publicly available website that publishes articles and reported cases. It’s search function is easy to use and similar to google.

A part of Canadian Government web site provides more information about your right to counsel with links to specific cases.