The Right to Remain Silent in Canada
By Hans John Kalina and Sweta Tejpal | Previously updated July 2026 | Reviewed and updated October 7, 2026
If you are arrested or detained, you generally do not have to answer police questions about an alleged offence. Asking for counsel and choosing not to answer are separate protections. Use them clearly and calmly; specific legal duties and exceptions may still apply.
What the right protects
The right to silence protects your choice whether to speak to investigators. It is not a rule requiring police to stop talking whenever you decline to answer. In R. v. Singh, 2007 SCC 48, the Supreme Court explained that continued questioning must still respect a detainee’s ability to make a meaningful choice. Persistence, pressure and the surrounding circumstances matter when a statement’s voluntariness is assessed.
A clear response is: “I want to speak with a lawyer. I do not wish to answer questions about the allegation.” Avoid guessing, inventing an explanation or assuming an informal conversation is off the record.
Request counsel without delay
Section 10(b) of the Canadian Charter of Rights and Freedoms protects a detained or arrested person’s right to retain and instruct counsel without delay and to be informed of that right. Police must generally provide a reasonable opportunity to consult counsel and hold off seeking evidence from the detainee while that opportunity is provided, subject to recognized exceptions. Ask about duty counsel if you cannot reach your own lawyer.
After you have spoken with a lawyer
Consulting counsel does not mean questioning must end. In R. v. Sinclair, 2010 SCC 35, the Court held that section 10(b) does not automatically require a lawyer’s presence throughout an interview or repeated consultations whenever requested. A further opportunity may be required if circumstances materially change—for example, a new investigative procedure, a change in jeopardy or a reason to believe the earlier advice was not understood. Tell police clearly if something has changed and request advice.
Silence does not excuse every legal obligation
Some laws require identification, documents, samples or other compliance in particular situations, including roadside investigations. The applicable duties and timing of counsel rights depend on the circumstances. Do not treat a general article as advice to refuse every demand. Follow lawful physical directions, do not resist or obstruct, and obtain advice about any required information.
Keep the facts of the case private
Police vehicles, detention areas, ordinary telephone calls, texts and social-media posts may not be private. Conversations with friends, relatives or other detainees generally do not have the protection of confidential solicitor-client communications. Do not discuss the allegation online or assume someone’s promise of confidentiality creates legal privilege.
Practical steps
Stay calm; ask why you are being detained or arrested.
Clearly request a lawyer and communicate your choice not to answer questions about the allegation.
Tell counsel about any demands, interview procedures and changes in the investigation.
Preserve relevant messages and documents without altering or deleting evidence.
Follow advice directed to your circumstances, including any lawful obligation to comply.
Related guidance
For advice about your circumstances, contact our office. General information only, not legal advice.
Related services: Criminal Defence and Criminal Appeals.