Trying to talk yourself out of a situation could have serious consequences

We live in a free country, as we are often reminded. It’s a wonderful country with a wonderful justice system. That said, it is far from perfect. As we all know, there are certain inequalities that exist in Canada. One inequality that can affect any one of us at any time involves the power imbalance that exists between the resources of the government and an individual citizen. 

The Canadian Charter of Rights and Freedoms guarantees certain rights to all Canadians. These rights are in place to protect us all from unlawful or unreasonable state intrusions into our lives. To name only a few: we have the right to be told why we are being arrested or detained; if arrested or detained, we have the right to get advice from a lawyer; we have the right to be free from unreasonable searches; and we have the right to remain silent when confronted by the police. Knowing of these rights is one thing. Knowing how to exercise them is quite another. 

For example, if you were to be stopped in your car by police and they requested permission to search your vehicle, you may feel that you must provide that permission. In fact, you don’t have to. You would have every right to refuse to grant that permission. However, if you were stopped by police and were told by police that they were going to search your vehicle, should you stop them, or attempt to? Absolutely not! “What’s the difference?”, you may ask.

The difference, as in so many instances, is in the details. In the first instance, you are being asked for permission, and you simply do not have to grant it. That is maintaining a right and is perfectly acceptable. You do not have to give permission. However, in the second scenario, you are being told of what is about to occur. You have a right (to be free from unreasonable search) that may or may not be on the verge of being violated, but the place to address that is in a courtroom where a judge can provide you with a remedy. Out on the street, it’s not a wise idea to act as the judge of what the police can or cannot do. In fact, you may end up facing charges of obstructing a police officer or escalating the encounter to a more dangerous situation. Neither result would benefit you. Trying to talk yourself out of the situation could inadvertently lead you into deeper trouble. This is where you should very much exercise your right to REMAIN SILENT…other than asking to call a lawyer.

For the legal help you need right now, call Evan Roitenberg or any other Gindin Wolson Simmonds Roitenberg lawyer at 204.985.8181. We will help you.