3. Remain silent

If you've been arrested, you have the right to remain silent.

What to say

If the police are questioning you and you don't want to answer, tell them. Politely say, “I do not wish to give a statement or answer any questions”. Repeat this statement as often as necessary. By saying this, you make it clear that you have chosen to use your right to remain silent.

Your right to remain silent

You have the right to remain silent. This is a protection under the Canadian Charter of Rights and Freedoms. In most situations, you don't have to answer any questions the police ask you. Anything you say to the police may be used as evidence.

If you're in an accident and the police ask about the accident, you can be charged with an offence if you don't answer. You're required by law to give a statement when you're in an accident. This statement is called an accident report.

If you're later charged with an offence related to the accident, your accident report can't be used against you as self-incriminating evidence of that offence.

But your accident report can be used as evidence against you if you're later charged with prejury. You can be charged with perjury if you lie to the officer and give an accident report that isn't true.

It's usually in your best interest to remain silent. It's always in your best interest to wait until you've talked to a lawyer before you decide whether to answer questions from the police.