Everybody fears the moment when they would be handcuffed by a police officer.
Indeed, being arrested is a scary experience. However, it is particularly troublesome when you know that you have done nothing wrong.
Unfortunately, no matter if you are in Ontario or the rest of Canada, there is always a possibility that a false or unlawful arrest will occur. If you are the victim of such a scenario, it is an alarming experience.
Obviously, if you find yourself in such a situation, you need to know your rights. That way, you will be able to intervene from the get-go and minimize the risks of suffering the consequences of an unlawful arrest.
Therefore, in this article, JuriGo will delve deeper into what happens when you are falsely arrested by a police officer. It will also tell you your rights when you experience an unlawful arrest and how a criminal defence lawyer can help you.
Unlawful Arrest – What Is It?
Before diving deeper into what your rights are during unlawful arrest, it is important to determine when you are under such an illegal arrest. Generally speaking, an illegal arrest occurs whenever someone is being restrained by a police officer without any lawful reason.
Hence, if you are being arrested and the person doing so does not have any legal authority to do so, it would be considered a false arrest. Also, any legal authorities do not have the power to arrest you on a whim.
Therefore, this means that police officers need probable cause or a warrant if they wish to arrest you. Otherwise, you will be able to argue that the arrest was illegal and thus, every other step will be unlawful.
| Did you know? In some cases, it is possible that the legal authorities are not entitled to arrest you even if they have an arrest warrant. For instance, if the warrant does not identify the individual or the crime, it will not be applicable. That is also the case if the court that issued it is not mentioned or if the police officer lied to the judge to acquire the warrant. |
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Lastly, under Ontario Law, an illegal arrest is also a tort that results from the intentional and total confinement of an individual against his will and without any lawful justification. Furthermore, being unlawfully imprisoned is considered to be a continuation of an unlawful arrest.
Being wrongfully arrested? Find the right lawyer for you right now with JuriGo for free!
Everything you Need to Know about “Reasonable Grounds”?
As mentioned, police officers must have reasonable grounds for arrest in order to carry out a lawful arrest. However, for someone unfamiliar with legal terms, it might be complicated to understand what reasonable grounds for arrest are.
To have a general idea, here is a list of grounds considered reasonable according to previous decisions held by judges:
- The officer physically saw you commit the offence,
- You refuse to disclose information (such as your name) after breaking the law,
- You breached the peace,
- A legal warrant is issued for your arrest, and
- You are intoxicated in public.
Furthermore, the police officer will be entitled to conduct your arrest if he has reasonable grounds to believe that you have committed or are about to commit a crime. It is also the case if he has grounds to believe that you are a terrorist or that you are about to commit a terrorist offence.
Unlawful Arrest: What Are My Rights?
Now that we know what an unlawful arrest is according to the law, it is important to understand your rights when such a situation occurs. By doing so, you will be able to minimize the consequences.
Whenever you are arrested, section 10 of the Canadian Charter of Rights and Freedoms will grant you protection no matter if the arrest is considered legal or not:
| Section 10. Everyone has the right on arrest or detentionto be informed promptly of the reasons therefor;to retain and instruct counsel without delay and to be informed of that right; andto have the validity of the detention determined by way of habeas corpus and to be released if the detention is not lawful. |
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Hence, upon arrest, the police officer will ask you to identify yourself. To limit any inconvenience, it is recommended to simply obey and to provide every information the officer asks for.
| Rights | Explanation |
|---|---|
| Right to be informed | The officer making the arrest must immediately communicate or inform you of the grounds and the reasons for the arrest |
| Right to counsel | When you are being detained, you have the right to consult a lawyer. Additionally, the officer must inform you about the right and make sure you can exercise it |
| Habeas corpus | You have the right to question the validity of the arrest through the writ of habeas corpus. |
Keep in mind that it is in your best interest to cooperate during the arrest, even when it is an unlawful arrest. It is also important to know that when you are being arrested, the police officer has the right to do a full body search.
However, if the arrest is found to be illegal, it will be possible to ask for the evidence from the search to be excluded. To do this, it is important to be surrounded by the right professionals.
With JuriGo, it is possible to find the right lawyer for you in a few clicks. All you need to do is to fill out the form, and we take care of the rest for you!
What Are Your Legal Options After Being Illegally Arrested?
Instances of illegal arrest can, unfortunately, occur whenever an officer exceeds their lawful authority or when he lacks proper grounds for apprehension. If you are being detained illegally, it will be possible to seek remedy.
To do so, you can bring an action under section 9 or 10 of the Canadian Charter of Rights and Freedom. Of course, if you bring such an action, the burden of proof will lie on you, and you will have to prove that you were imprisoned or detained arbitrarily.
Through different decisions of the Supreme Court of Canada, an analytical framework has been developed to differentiate an illegal arrest based on some questions, notably:
- Is the accused detained or imprisoned?
- Is the detention or imprisonment arbitrary?
If you are able to show that you are being unlawfully arrested, the next step will be to challenge the legality of the arrest. For an individual arrest, the right remedy is under section 24(1) of the Canadian Charter.
| Section 24(1). Anyone whose rights or freedoms, as guaranteed by this Charter, have been infringed or denied may apply to a court of competent jurisdiction to obtain such remedy as the court considers appropriate and just in the circumstances. |
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As we mentioned, you will be able to have some evidence excluded whenever they are being obtained through an illegal arrest. Most of the time, this will lead to the end of the legal process.
Lastly, in some cases, you will also be able to pursue civil actions against law enforcement agencies. Hence, if you have been the victim of false arrest or detention, you will be able to seek damages.
Have you Recently Experienced an Unlawful Arrest? JuriGo can Help you!
Being arrested is something most people will not experience in their lives. However, if it happens, it is important to know what the next steps are. This is particularly true if it is a false or unlawful arrest.
Hence, if you have recently been arrested without reasonable grounds by police officers, finding a lawyer specializing in criminal defence should be at the top of your list of priorities. Keep in mind that when you are arrested or under detention, you do have the right to call your lawyer at any time.
When you find the right professional, he will be able to protect your rights throughout the process. Additionally, he will be able to put a stop to the illegal process and make sure that nothing is being wrongfully used against you.
You do not know where to find the right lawyer? JuriGo is there to help you in the process! With its wide range of professionals in every domain of law, it will be able to find the right professional to suit your needs.
Do not wait and fill out the form right now in order to find a criminal defence lawyer!