If you or your child have been arrested or charged, the best way to protect your rights is to contact a criminal lawyer immediately. Ayaz Mehdi Professional Corporation has criminal lawyers who can advise you and work on your case.
Every person in Canada has rights when arrested; the right to retain counsel, remain silent, know the charges against you, etc. However, there are some additional rights afforded to youth by the Youth Criminal Justice Act 2002 (for the persons between the ages of 12 and 18, children younger than 12 cannot be charged with a crime, and persons of age 18 and older are considered adults and can be charged with a crime).
Right To Be Known Why You Are Under Arrest.
The right to be informed about why you are under Arrest is a right afforded to both youth and adults. Everyone has the right to know why they have been arrested or detained.
Right To Remain Silent
All accused persons in Canada have the right not to make a statement. However, this does not mean the police need to stop questioning them if they have indicated that they don’t want to speak with them.
Often police will attempt to make small talk or ask about seemingly inconsequential details about the events in an effort to get a statement.
All persons arrested should be told that they do not need to make a statement and that anything they say can be used against them in court.
Right To Contact And/Or Retain A Lawyer
All accused persons have the right to legal advice and to contact a lawyer. Youth are permitted (if they choose) to have a lawyer present while making a statement.
Youth can also waive this right if they prefer not to have a lawyer present. Often Duty Counsel will be offered, but arrested persons can also choose their lawyer to contact.
Right To Notify/Consult An Adult
In addition to seeking advice from a lawyer, youths are permitted to consult with a parent or other adult and have that adult present while they make a statement. However, an exception to this rule is if the chosen adult is co-accused in the same crime. Additionally, youth can waive this right if they prefer not to have a parent or adult present.
There are a number of additional protections afforded to youths and other arrested persons (such as those rights dealing with searches) to protect them from false admissions and recognize their increased vulnerability.
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Being accused of a crime can be a traumatizing and upsetting ordeal. If you or your loved one is involved in a criminal matter, you should contact a criminal lawyer as soon as possible. Ayaz Mehdi Professional Corporation has criminal lawyers available who can provide you with professional legal advice.
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