Visiting Canada from your home country is usually a time for relaxing and exploring, especially if you’re on vacation. However, it’s a good idea to be aware of our laws. After all, something that may be legal in your country could be forbidden here. For instance, in Canada, you can, at least theoretically, be arrested for swearing in Toronto parks.
If you’ve found yourself on the wrong side of Canadian law, keep the following tips in mind to successfully navigate our criminal justice system.
6 Things to Do If You’re a Tourist Arrested in Canada
Visitors are also subject to the same laws as Canadians. If you are arrested while touring the country, here’s what you should do.
1. Know Your Rights
If you’ve been arrested, you have certain rights. These include:
- Legal counsel, including free legal advice in your language. (This may be through an interpreter.)
- The right to remain silent. However, you may have to give your name, date of birth and address.
- Private contact with your lawyer.
In addition, the police should:
- Identify themselves by presenting proper identification.
- Inform you that you’re under arrest and explain why.
- Read you your rights and inform you about Legal Aid.
- Never touch you in a harmful way, although they may come in physical contact with you during your arrest.
- Let you know you can talk to a lawyer.
The rules that govern detention and arrest are covered in the Canadian Charter of Rights and Freedoms. This document prevents uninformed and unnecessary detention, meaning you don’t have to go with officers to the police station if you haven’t been placed under arrest.
2. Cooperate Fully
Whether or not you’ve committed a crime, it’s vital that you cooperate with Canadian authorities if you’re arrested or detained. Resisting arrest could result in you being charged with assault, intent to resist arrest or obstructing police.
3. Make a Call
In Canada, you’re allowed to call a lawyer if you’re arrested. If you think you won’t be able to afford one, you can contact Legal Aid for advice. It’s a good idea to memorize the numbers of people you can call if you’re arrested as you likely won’t be able to access your cell phone. You have the right to talk to a lawyer in private.
4. Obtain Legal Assistance
Whether the charges are minor or serious, it’s in your best interest to hire a criminal defence lawyer as soon as possible. Look for a lawyer with experience handling cases like yours. They can inform you about how your case is likely to fare in court and the hurdles you should be prepared to face.
Being arrested is stressful and unpleasant, and though you may think you’ll be able to talk your way out, trying to do so isn’t your best option.
5. Talk to Your Consulate or Embassy
If you’re a foreigner arrested in Canada, you should immediately contact your country’s local consulate or embassy. Although they can’t fight your charges for you, they may help you contact a lawyer, or friends and family. They will also ensure that you’re being treated in a humane manner and know what your rights are while being detained or facing trial.
6. Act Sensibly
Lastly, whether or not you’ve committed a crime, it’s important to remain calm and not flee the scene. Try not to panic in front of law enforcement or act aggressively.
Being arrested as a foreigner in Canada can be scary. By following these tips, you will navigate the Canadian criminal justice system much easier. Your best bet is to hire an experienced criminal defence lawyer who can represent your case and help you overcome your charges.