Ten Things You Should Know If You Get Arrested While Travelling in Canada

Canada is well known for its friendly people, breathtaking scenery, and low crime rates. Just like any other country, encountering legal trouble during a visit could be stressful. Regardless of the reason, understanding your rights and how best to navigate through the process is very important.

Here are ten vital pieces of information you need to know whilst being arrested in Canada.

Supreme Court of Canada in Ottawa.

1. You Have the Right to Remain Silent

Under Canadian law, when a person is arrested, they have the right to remain silent. You do not have the duty to reply any questions from police officers except giving your name and basic identification. If you decide to disclose, your words can be used as evidence against you, so therefore it is a good idea to wait for your lawyer before going into details.

2. You Are Entitled to Legal Representation

Every visitor or tourist gets covered under ‘The Canadian Charter of Rights and Freedoms’ which states that one can consult a lawyer without delay. For those unfamiliar with lawyers, there exists the option of calling duty counsel—free lawyers who offer advisement over phone on rights available at no fee.

3. Contact Your Country’s Embassy or Consulate

If you are a foreign national, you should contact your country's embassy or consulate immediately. Consular officials are people who can be with you when they notify your family over the phone, they can give you names of local lawyers, and they can make sure that the police and courts in Canada treat you in accordance with the law. Certainly, they cannot get you out of jail, but their presence can be crucial for you.

4. You’ll Likely Be Brought Before a Judge Quickly

According to Canadian law, a person must not be kept in custody for an unreasonable period without being brought before a judge or justice of the peace—usually this has to happen within 24 hours. At the first hearing, a decision regarding bail or detention will be made.

5. Bail May Be Available

If the offense is not serious, it is possible that you will be given a release on bail. It is such a case that you would have the possibility to return to your hotel or wherever you reside temporarily. However, this would only be allowed if you meet the conditions that the authorities impose, for instance, you stay at the place, you report, you do not perform this or that.

6. Hiring a Criminal Lawyer Is Critical

So, the thing is if you get charged with a criminal offense in Canada you cannot be without a lawyer. It is very important to have one from the very beginning. Local criminal defense lawyers know the system and are probably able to get the charges changed to something lighter or even dropped. If you do not know where to start, you can always turn to MassTsang Ontario lawyer for criminal matters, a firm that has always stood for the rights of individuals in Ontario who are facing criminal charges, even for visitors.

7. Not All Arrests Lead to a Criminal Record

To begin with, a few charges might get through without the person handing in a permanent criminal record. Particularly this is applicable to first offenses and trivial matters. Your solicitor can also talk to the prosecution on your behalf and propose alternative sanctions, such as a diversion program, community service, or fines.

8. You May Need to Stay in Canada Until Your Case Is Resolved

According to the charge and the rules of release on bail, it may be that you do not have the right to leave the country before the case is decided. As a result, your trip might be canceled, so it is important that you talk with your lawyer about all the possibilities, such as if he/she can appear for you at court while you are away. 

9. Understand Canadian Laws and Procedures

Even if something is legal or tolerated in your home country, it may be a crime in Canada. To give you some examples, public intoxication, marijuana possession in unauthorized places, or even jaywalking can be issues. These issues may be very minor and in some cases only will require the payment of a fine or arrest in the case of some contexts. Getting acquainted with local laws prior to your visit is one of the ways of avoiding many problems.

10. Your Travel Insurance Might Cover Legal Assistance

Some travel insurance policies provide coverage for legal emergencies. You should look at the coverage section of your policy or get in touch with your insurance at the time of any queries, be it regarding payment of legal fees, translation services, or if they can come to your rescue.

Final Thoughts

It is definitely very unpleasant to be arrested abroad and it is a situation which every traveler would like to avoid, however, if you do come across such a difficult situation, know your rights and things can quickly turn around. In case of a run-in with the authorities in Canada, tighten up, don't hesitate to ask for a lawyer, and get in touch with a trustworthy Ontario lawyer for criminal matters if your local one is unavailable. Their on-ground relations can guide you through the legal process and make sure you are not violated.

Have a good trip— and don't forget that even just knowing a little can keep your trip from becoming a nightmare.