Charter Rights Defence Lawyer in Toronto

Yes, if you receive a subpoena to attend court, you have to go. A subpoena is a court order and has to be obeyed. If you do not obey the subpoena, a warrant can be issued for your arrest.

If you are subpoenaed to testify in court, you have to go. And if you are called to the stand (the witness box), you will have to answer the questions you are asked. However, often witnesses who are subpoenaed do not end up getting called as a witness, because the case gets resolved. But you won’t know until you get there.

In Canada, unlike in the U.S., you cannot “plead the Fifth”. If you are required to testify in court, you have to answer the questions you are asked, unless the judge disallows the question. If you are worried that your answers could incriminate you or get you in trouble with the law, you can take comfort from the fact that if you are forced to testify in court because you were served with a subpoena, then the testimony you give to the court is “protected”: it cannot be used against you in another proceeding, unless you tell a lie under oath in court, which is called perjury.

If you refuse to answer a question, the judge will tell you to answer, unless the question was improper. If you still refuse to answer, the judge will warn you. If you persist, you may find yourself in jail until you do. The Court takes these things very seriously.

If you are a suspect or a witness to a crime, you do not have to talk to the police.

If the police have arrested or detained you during a criminal investigation, you should never speak to the police, except in rare circumstances, and only after a detailed discussion with your lawyer.

If the police want to talk to you as a witness or as someone who might have knowledge about a crime or a suspect, be careful. Most people want to do their duty as a law-abiding member of the community, and cooperate with the police. But if the police are seeking information about someone close to you, talking to them might implicate that person in a crime, and your cooperation could lead to their arrest.

If you are a suspect in a criminal investigation, the police will usually read you a “caution” which is a warning that anything you say can be used against you in court. But often the police are not sure about your knowledge or involvement in a crime. When they start questioning you, they might believe that you are only a witness, but as they learn more, they begin to suspect you. Before you know it, you could end up incriminating yourself, or talking your way into becoming a suspect.

A good rule of thumb is this: if there is any chance that you were involved in a crime, or that the police might believe that you are, stay silent. You might be clever and quick on your feet, but you don’t know what evidence the police have, or who might have pointed the finger at you already. When the police question you, you are on their turf, playing on their field. If there is a chance that you are involved in a crime, you are far more likely to lose if you try to outsmart the police.

This might seem like a good idea, but it often is not. You do not know what information the police have, or whether you have been falsely accused. You might think you can set them straight, and before you know it, they have thrown you off track with some information you did not expect, and you start to hesitate, get nervous and start looking like someone who is hiding something.

Remember that the police do not have to tell you what information they have. They can even lie to you and tell you that they have evidence of your guilt, such as statement or DNA, or video surveillance.

If you are truly innocent of a crime, and have enough knowledge about the police investigation that you are confident that you can prove your innocence, then maybe it will be worthwhile talking to police. But before you do so, you should have a detailed discussion with your lawyer, and tell your lawyer everything they need to know. Perhaps your lawyer can obtain more information from the police before you talk to them. In those rare situations, talking to police early on might save you the stress, the cost, and the consequences (such as a fingerprint record), of being charged with a crime and going to court. A reminder: such situations are rare. Often, by the time the police want to talk to you, they will already have made up their minds against you. They may not be swayed by anything you tell them, and in fact may turn your own words against you. Your best chance may be for your lawyer to provide the prosecutor with any information that will assist you- after your lawyer has reviewed all the evidence that the police have collected, so that there are no surprises waiting to ambush you.

Section 7 is one of the most fundamental of those enshrined in the Charter. It is also one of the most broadly-worded and vague sections. It reads as follows:

7. Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.

Section 7 is what protects us against many instances of abuse of process by the government, such as corruption or criminal conduct by state agents. It guarantees a defendant in a criminal case the right to know the case s/he has to meet by requiring the government to provide disclosure of the evidence; and it guarantees that you will be given a chance to defend yourself, and have your case decided by an independent and impartial tribunal.

You cannot be convicted of a criminal offence unless you intended to commit the illegal act. And while you are being subjected to investigation and prosecution, you have the right to remain silent, protected by this section.

Section 8 protects an individual’s right to privacy. The section reads:

8. Everyone has the right to be secure against unreasonable search or seizure.

This section requires that the police have reasonable and probable grounds before searching you or your property, or intercepting your private conversations by way of a wiretap or listening device. Depending on the situation, and your expectation of privacy, the law sets out the threshold that the government must meet before being allowed to intrude. For example, there is a lower expectation of privacy in the international departure terminal of an airport than there is in your home. It is less intrusive for the police to lift your fingerprints than to take a sample of your DNA. In the most serious scenarios, the police might have to obtain the approval of the courts before conducting a search or seizure, as they do with search warrants or wiretap authorizations.

This section is one of the most heavily contested issues in drug cases.