Legal Question

[A***** A***** 510]

This is not industry related... just to let you know.

 

Are the RCMP or whoever is arresting you, supposed to read you your rights?

 

Under what circumstances do they or do they NOT do that?

[Old Dog 179138]

I really suggest that everyone gets to know the Charter of Rights... it is quite a valuable tool.

 

for this questions specifically, the answer is in section 10:

 

10. Everyone has the right on arrest or detention a) to be informed promptly of the reasons therefor;b) to retain and instruct counsel without delay and to be informed of that right; andc) to have the validity of the detention determined by way of habeas corpus and to be released if the detention is not lawful.

 

 

Not much wiggle room!!!

[A***** A***** 510]

Thank you! Let's just say I am NOT a fan of handcuffs:handjob:

[britney999999999 105]

They are suppose too! But as many people already know-RCMP and city police dont always do what they are supposed to do! If they dont tell your counsel and make sure its brought up in front of the judge!

[Old Dog 179138]

Thank you! Let's just say I am NOT a fan of handcuffs:handjob:

 

 

Get the fur-lined ones... they are a lot more fun!

[A***** A***** 510]

Get the fur-lined ones... they are a lot more fun!

 

No thanks, they don't do it for me any more:lol: And neither do men in uniform :fes:

[rileydaniels 1901]

I really suggest that everyone gets to know the Charter of Rights... it is quite a valuable tool.

 

for this questions specifically, the answer is in section 10:

 

10. Everyone has the right on arrest or detention a) to be informed promptly of the reasons therefor;b) to retain and instruct counsel without delay and to be informed of that right; andc) to have the validity of the detention determined by way of habeas corpus and to be released if the detention is not lawful.

 

 

Not much wiggle room!!!

 

 

I thought they were suppose to tell you why your being arrested and read your rights. but this is probably what this in the legal charter lingo.

[Guest s******ecan****]

My advice is to be extremely careful in all of your dealings with police. Despite what it says in the charter we simply don't have the "legal tradition" in this country of "being read your rights" which something that is settled law (means the principle is well established and without dispute) in the US.

 

If questioned by the police be careful what you say, it is all potential evidence that can be used against you later on. If you have strayed across the line and the police come knocking say nothing even if threatened with arrest, one thing you can be certain of is that you won't be "tortured".

 

If you have done nothing wrong and police come knocking you should still be assertive in knowing why they want to talk to you, and be careful about what you say.

[A***** A***** 510]

Thanks for all your input everyone

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[capitalman 3861]

Why what's going on Angela Aurora? What did you get arrested for? Come on..spill the beans! :jackoff:

[A***** A***** 510]

Why what's going on Angela Aurora? What did you get arrested for? Come on..spill the beans! :jackoff:[/QUOte] sorry not in public but if you really want to know you can keep on guessing lok jk! pm me if you like

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[capitalman 3861]

Well I know a bit about you, so maybe I can make a somewhat educated guess.....so I'm going to guess you went to buy something in a store and got into a fight with a fat bitch and pulled her hair out and the store clerk called the cops and arrested you, when it should have been the other girl getting arrested? :lol::lol:

[Victoria Banks 21899]

They are suppose too! But as many people already know-RCMP and city police dont always do what they are supposed to do! If they dont tell your counsel and make sure its brought up in front of the judge!

 

Ottawa police do whatever they want these days..

People get beaten down by the cops all the time.

Its dispicable.

 

.. Judges don't care either whether or not your rights were read to you. .

[A***** A***** 510]

Well I know a bit about you, so maybe I can make a somewhat educated guess.....so I'm going to guess you went to buy something in a store and got into a fight with a fat bitch and pulled her hair out and the store clerk called the cops and arrested you, when it should have been the other girl getting arrested? :lol::lol:[/QUOte] nope not even close lol no theft fraud booze of dope

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[Guest secular]

[popsicle 100]

you have to be advised of your rights to remain silent and right to counsel--but sometimes these cautions are not given immediately. police sometimes try to chat you up get you to say something incriminatory before allowing you to access counsel -rule of thumb--don`t chat with the cops--say nothing before being instructed by counsel

[masterowls 249]

Thank you! Let's just say I am NOT a fan of handcuffs:handjob:

Angela,

I don't think it's necessarily handcuffs that you object to, I think maybe in this case it's more the specific application. Handcuffs, when properly used can be a fun thing. You should try it some time. I would volunteer, but it's kind of a long trip. :-)

[Old Dog 179138]

you have to be advised of your rights to remain silent and right to counsel--but sometimes these cautions are not given immediately. police sometimes try to chat you up get you to say something incriminatory before allowing you to access counsel -rule of thumb--don`t chat with the cops--say nothing before being instructed by counsel

 

Popsicle, I hate to disagree but you are thinking of the Miranda rights that are read to a person charged with an offence in the United States.

 

There does exist a right to silence under section 7 and 11© of the Charter, but the authority making the arrest is not compelled to include that in any warning.

[A***** A***** 510]

Angela,

I don't think it's necessarily handcuffs that you object to, I think maybe in this case it's more the specific application. Handcuffs, when properly used can be a fun thing. You should try it some time. I would volunteer, but it's kind of a long trip. :-)

 

Oh well, we can dream right?:lol:

[popsicle 100]

hello, old dog.

it`s s. 10(b) of the charter which defines "right to counsel" this right has to be given before any attempts may be made to obtain information from a person detained. once a detainee asserts this right, no questioning may ensue until legal counsel is available, or provided. implicit in this, is the right to remain silent. the caselaw is quite clear on this.(see r.v.manninen among others)

in practical terms a problem may arise when after issuing the caution, police may attempt to convince a detainee that it`s in their "best interests to cooperate with us now". this is where detainees risk digging themselves a deep hole.

[Old Dog 179138]

I understand your point Popsicle and I hope you don't see this as being argumentative.

 

The Charter rights under section 10 were mentioned in the second post.

 

My point was rather that the "right to silence" is implicit, that being said, it need not be mentioned at the time of the arrest. Police and Peace officers in Canada are only obliged to ensure that the person arrested is made aware of the allegations against them and that they have the right to counsel.

 

Sorry for the legalese...