That said, it is far from perfect. As we all know, there are certain inequalities that exist in our country. One 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 there 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 unlawful state 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 stopped by police and they requested permission to search your vehicle, you may think that you have to provide that permission. In fact, you have to do no such thing. You would have every right to refuse to grant that permission. However, if you were stopped 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 to permit something to occur, and you simply do not have to say “yes”. That is maintaining your 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. Your right to be free from unreasonable search may or may not be on the verge of being violated, but the time to address that is in a courtroom where a judge can provide you with a remedy. Out on the street, it’s not a good 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 lead you into even deeper trouble. This is where you should very much exercise your right to REMAIN SILENT—other than asking to call a lawyer.
Finally, and I can’t stress this enough, exercise your right to counsel wisely. It will really help you.
