What are your rights if you're arrested or questioned by police in Ontario?

3 min read Updated September 2026 Written by Chetanaya Gupta, Ontario lawyer

The short version

You have the right to know why you're being held, to speak to a lawyer without delay, and to stay silent. Use all three. Politely say you want to talk to a lawyer before you answer any questions.

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On this page
  1. Do I have to answer police questions?
  2. What is my right to a lawyer?
  3. What happens with fingerprints and photos?
  4. Will I be released, or held for a bail hearing?
  5. What to do next
  6. Quick questions
01

Do I have to answer police questions?

No. You don't have to answer questions about what happened, even if police keep asking. In most situations you don't have to identify yourself either, but there are exceptions: a driver stopped by police must produce a licence, ownership and insurance, and someone being ticketed or arrested for some offences may have to give their name. Giving police a false name can lead to a criminal charge, such as obstructing police. Beyond that, just say you want a lawyer first. It feels natural to want to explain your side, but anything you say can be used against you, and officers are trained to ask questions that build their case.

Watch · 1:04 Police want to talk. Here's what to say
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Police want to talk.

Here's what to say.

If you're arrested or detained: Police must tell you why, and that you can call a lawyer right away. They must also tell you free legal advice is available.

The right to silence: You don't have to answer their questions. Drivers must still show a licence, ownership and insurance.

What to say: “I want to speak to a lawyer.” Say it politely. Then stay silent.

Free legal advice: No lawyer? Duty counsel gives free advice by phone. If you ask, police must give you a real chance to call before questioning.

Good to know: In Canada, your lawyer usually isn't in the room while police question you.

They may keep asking. You can keep saying it.

Remember

  • Stay calm. Don't resist.
  • Don't lie or give a false name.
  • Don't sign what you don't understand.
  • Call a criminal lawyer.
02

What is my right to a lawyer?

If police arrest or detain you, they must tell you why and that you can speak to a lawyer right away, and that free legal advice is available by phone from Legal Aid Ontario duty counsel if you don't have your own lawyer. Ask clearly and repeat it if needed. Once you ask, police have to give you a real chance to reach a lawyer before questioning continues. After that call, they can keep asking questions.

03

What happens with fingerprints and photos?

If you're charged with an indictable or hybrid offence (which covers most Criminal Code offences), police can fingerprint and photograph you at the charge stage, before any finding of guilt. If the charge is later withdrawn or you're found not guilty, you can apply to have that record destroyed. See our criminal records page.

04

Will I be released, or held for a bail hearing?

It depends on the charge. Many people are released at the station with a signed promise to follow conditions and attend court. If police hold you instead, you go before a judge for a bail hearing. Our bail page walks through both paths.

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What to do next

Where to go from here

  1. Stay calm and polite. Being combative with police can lead to more charges.
  2. Say clearly that you want a lawyer, and don't answer questions until you have.
  3. Don't sign anything you don't understand, and ask what you're being asked to sign.
Quick questions

People also ask

Can I call a lawyer from the police station?

Yes, and police must give you a real chance to do so before questioning continues. After that call, they can keep asking questions.

What if I already said something to police?

Tell your lawyer exactly what was said as soon as you can. It doesn't mean your case is lost, but it needs to be dealt with directly.

Is an appearance notice the same as being arrested?

No. It means you're charged but not held in custody. You still have to attend court as directed.

Can police search my phone or home without a warrant?

Generally no, with narrow exceptions. One exception: after a lawful arrest, police can sometimes do a limited search of your phone. If this happened to you, tell your lawyer.

Sources

This page is general information about Ontario law as of September 2026. It isn't legal advice about your situation.

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