Your Charter of Rights: Detention

Put simply, if you’re put into criminal jeopardy, via an interaction between you and police, the likelihood is that the police are going to have an obligation imposed on them, by the Charter, to inform you that they are engaging in a criminal investigation, and that they are seeking information about that criminal investigation, and that they can caution you that what you say could be used as part of their criminal investigation, and possible prosecution.

These rights fall under Section 9, 10a and 10b of the Charter. Section 9 gives you the right against arbitrary detention or arrest. Section 10a gives you the right, on detention or arrest, to be advised of the reason therefore, and Section 10b gives you the right, on detention or arrest, to be advised of your right to speak to a lawyer, and the police have an obligation to assist you in engaging with that right in the event that they are detaining or arresting you.