Getting arrested in Canada can be stressful and deeply upsetting, especially if you have never been involved with the criminal justice system before. While the police can release you on the spot, the officers also have the discretion to handcuff you and bring you to the police station for fingerprinting and keep you in custody until a bail hearing.
Knowing what happens when you get arrested can help avoid hurting your case and handle the situation to your best advantage. Below, we discuss the police procedures for arresting someone in Canada and explore your options for release after being charged with an offence.
Key Takeaways
- Police can arrest you with or without a warrant if they have reasonable grounds under the Criminal Code.
- After arrest, you have immediate Charter rights: to know the reason, to remain silent, and to speak with a lawyer without delay.
- You may be released at the scene, at the station, or held for a bail hearing within 24 hours.
- Anything you say to police can impact your case — early silence and legal advice are critical.
- Bail conditions can restrict movement, communication, and daily activities even before trial.
- Not all arrests lead to charges, but records may still appear on background checks.
- Early legal representation can influence bail, defence strategy, and long-term outcomes
What Legal Authority Allows Police to Arrest Someone in Canada?
Section 495 of the Criminal Code authorizes police to arrest someone when:
- The judge issued a warrant for arrest following a prior investigation,
- The officers witness someone committing an offence,
- The police have reasonable grounds to believe that a crime was committed.
In the context of the Criminal Code, reasonable grounds mean a situation when an objective person placed in the position of the officer would believe that the offence has occurred. The standard of “reasonable grounds” is a legal threshold that must be satisfied before the officers can proceed with the arrest.
What Happens at the Moment of Arrest?
The procedure of arrest is defined in detail in Section 10 of the Charter of Rights. The legal procedure requires the officers to identify themselves and explain:
- that the person is being placed under arrest,
- the reasons for arrest,
- the right to retain a lawyer without delay.
Unlike the procedure in the United States, the police in Canada are not under an obligation to inform you about your right to remain silent. Remaining silent under arrest is your constitutional right, and you can politely inform the police that you prefer to invoke your right not to say anything. Importantly, if the police fail to observe your Charter rights during an arrest, it can have significant consequences for the Crown’s case.
“The first hours after an arrest are often the most important for your case. What you say to the police, whether you understand your rights, and how quickly you speak to a lawyer can directly affect bail, evidence, and the overall outcome. A careful approach from the beginning is critical.”
— Benson Wilson, Criminal Defence Lawyer, Vilkhov Law
Your Rights After Being Arrested?
When you are arrested in Canada, you bear fundamental legal rights protected under the Canadian Charter. These rights include:
- Right to be informed of the reason for arrest: The police are under an obligation to inform you promptly about the reasons for your arrest or detention.
- Right to remain silent: You have the right to keep silent and the right to refuse to answer police questions.
- Right to speak with a lawyer: You are entitled to retain a criminal lawyer, and the police officers must provide you with an opportunity to contact a lawyer of your choice.
- Right against unreasonable search: The Canadian Charter protects you against unjustified searches, providing for personal, territorial, and informational privacy.
What Happens After the Arrest?
After officers conduct an arrest, they will either release you on the spot with a promise to appear in court or bring you to the police station for what is known as booking procedures. Understanding what to expect after an arrest can help you stay calm and avoid hurting your case.
Transportation to the Police Station
When you are transported to the police station, the officers have the discretion to handcuff you before placing you in the police vehicle. When they deliver you to the station, the officers will conduct booking procedures, which include identity verification, fingerprinting, and photographing. The information about your arrest will be kept in the police database and can appear on background checks.
Police Questioning
During and after the arrest, the police officers can formally question or interrogate you. You have the constitutional right to remain silent, and it is in your best interests to refuse to answer police questions by politely telling the officers that you prefer to remain silent and speak with a lawyer. While in Canada, a criminal lawyer cannot be present during interrogation, speaking with the lawyer first can help you avoid making contradictory statements or hurting your case or credibility.
Release from Police Custody
After you are arrested in Ontario, the police will either release you under an obligation to appear in court when summoned or will keep you in custody until the bail hearing.
Release by Police
According to Section 498 of the Criminal Code, the police can release you after arrest using either of the following ways:
- Appearance notice: The police can issue an appearance notice when releasing you at the scene or at the station to require that you appear in court on a specified date.
- Undertaking: The undertaking may include separate conditions in addition to an obligation to appear in court. These conditions can include reporting to a peace officer, remaining within the jurisdiction, or abstaining from possessing a firearm, going to any specified place, or communicating with the victim.
- Recognizance: A recognizance is an undertaking to appear in court and abide by conditions set by the police, which may also involve a monetary deposit.
Detention for a Bail Hearing
If the police do not release you after arrest, they must bring you before a justice for a bail hearing within 24 hours or as soon as possible. The police may choose to keep you in custody until the bail hearing in the case of serious charges, or if the officers believe that there is a risk of your failing to attend court or due to public safety concerns.
What Happens at a Bail Hearing in Ontario
During a bail hearing, you will be brought before a judge who will decide on the bail conditions. If the prosecution seeks your detention, they will need to present their arguments to the judge. In serious cases where there is a reverse onus, you or your defence lawyer will have to present arguments as to why you should be released on bail.
Common bail conditions involve the obligation to attend court as directed, report to a peace officer, remain within a particular territorial jurisdiction, or notify of any change of your address. In some cases, release on bail requires someone known as a surety to act as your supervisor.
How Long Do You Stay in Jail After Being Arrested?
After arrest, many individuals are released within hours, either at the scene or after going through identification and fingerprinting at the police station. If the police decide to keep you in custody, you will remain at the police station until the bail hearing.
In Canada, everyone has the right to reasonable bail, and the police are under an obligation to bring you to a court for a bail hearing within 24 hours or as soon as possible. While the court can refuse bail based on arguments by the prosecution and an assessment of the risks, your criminal lawyer can help you present your case and work toward your release.
The Next Steps in the Criminal Process
Following the arrest, the criminal process goes through several procedural steps, which can end the criminal procedure or continue to trial. These stages include:
- Disclosure: The prosecution is obliged to provide your criminal defence lawyer with all the evidence the Crown and the police have against you. Your lawyer will examine the disclosure and use it for negotiations with the prosecution and for building a defence strategy.
- First appearance: During the first hearing in the court, the judge will present the charges and make sure you understand them.
- Crown pre-trial (CPT): During these conferences, your lawyer and the Crown will discuss your case to identify the position of the defence and the prosecution and explore opportunities for settlement.
- Judicial pre-trial (JPT): At a judicial pre-trial, you, your lawyer, the prosecution, and the judge will discuss the case and further explore if it is possible to end it without trial. If the case proceeds to trial, the judge will set up a date for the preliminary inquiry or the trial hearing.
- Trial hearing: During the trial, the Crown must prove your guilt beyond a reasonable doubt before a judge or jury. Meanwhile, your criminal defence lawyer will identify weaknesses in the Crown’s case and pursue the chosen defence strategy.
Why Early Legal Advice Is Important?
Having a criminal lawyer early can have a critical impact on what happens when you get arrested in Ontario. Your lawyer can advise you on what to tell the police, aim for the most favourable possible bail conditions, and help you build a strong defence.
The words you say and the decisions you make after the arrest can have a critical impact on the outcome of your case. Having a criminal lawyer by your side early on can help avoid hurting your chances at bail and explore all available options to minimize the impact of criminal charges on your life.
FAQs
Can police arrest someone without a warrant in Canada?
Yes, under the Criminal Code of Canada, the police have the right to arrest someone without a warrant if they witness that person is committing an offence or have reasonable grounds to believe that a crime has been committed.
How long can police hold someone after arrest in Ontario?
The police have the right to bring you to the police station for identification, photographing and fingerprinting. If the police do not release you after booking procedures, they are obliged to bring you before a judge within 24 hours of an arrest, or as soon as possible.
Do you have to answer police questions after an arrest?
No, you have the Charter right to remain silent and not answer police questions after an arrest. It is important to let the officers know that you prefer to remain silent and avoid answering questions from the police officers until you speak with your legal counsel.
What happens if you resist arrest?
Resisting arrest in Canada is a separate criminal offence which can add to your charges. If the police decide to arrest you, it is in your best interests to comply and speak with a criminal defence lawyer as soon as possible to secure your release.
What happens if someone is arrested but not charged?
If your arrest is not followed by criminal charges, the record of the arrest will still be kept in a police database and can appear on certain background checks. Your lawyer can advise you on your options to have the information about your arrest sealed.
What is the difference between arrest and detention?
In Canada, detention is when police stop and question you on suspicion of a crime without a formal arrest. Unlike an arrest, the records of detention do not appear on criminal record checks.
