What are my rights when getting arrested?
What are my rights when getting arrested?
Not time sensistive.
Like many Canadians, I've been subjected to American TV most of my life. I know we don't have the "amendments" as such. So what do we have?
Since this community is small, you can also post this question in !canada@lemmy.ca
Same. You have the right to remain silent anything you say can and will be used against you in a court of law. You have a right to legal representation one will be provided for you if you cannot afford one.
Can vary by province. Generally if you are driving you can be stopped, obliged to produce licence and registration, breathalyzed, or questioned at your home if you had been driving recently. Other than that case, you can't be stopped randomly for no reason and you have no obligation to answer questions.
https://bccla.org/wp-content/uploads/2023/09/BCCLA-Arrest-Handbook-2023-English.pdf
In BC, this is the civil liberties association booklet so you can be aware of your rights.
It's a little different depending on the province,
even the question of "Do I get a free duty counsel lawyer, or a free phone call to a lawyer?" will change depending on where you are.Edit: Legal Aid Manitoba doesn't to a lot of the bail hearings, but only because the farm them out to private bar.
Do you have a source for this? There's a little something called The Canadian Charter of Rights and Freedoms that guarantees these things and supercedes provinces. It's not Miranda rights, but there's a primary and secondary caution that does the same.
Right to remain silent and not testify against yourself Right to a lawyer and fair trial