Police asked you to come in for an interview in Ontario: what should you do?

Speak to a lawyer before you agree to anything. An invitation to come in "just to talk" is usually voluntary: you do not have to attend, and if you do, you do not have to answer questions, because the right to silence is protected by the Charter. If police arrest or detain you, you must be told why and have the right to speak to a lawyer without delay.

The call often comes from a detective, sometimes weeks after an incident at work, at home or online, and it is often polite. People used to systems where refusing the police is not a real option often go straight away, alone, hoping to clear things up. In Ontario the law gives you time to get advice first, and the interview is usually the police's chance to gather evidence, including from you. This guide explains the rules for the stage before any charge. For the criminal, family and civil work the firm takes on, see our services page.

Are you detained, and which rights apply?

In R. v. Grant, the Supreme Court of Canada said detention means a significant physical or psychological restraint. Psychological detention exists when a person has a legal obligation to comply with a demand, or when a reasonable person would conclude from the police conduct that they had no choice but to comply. The court looks at how the encounter would reasonably appear to the person, the nature of the police conduct, and the person's own characteristics where relevant. The court also noted that police who are unsure can tell the person in plain terms that they are under no obligation to answer and are free to go.

What should you do when the call comes, step by step?

What does the right to silence actually protect?

Section 7 of the Charter protects life, liberty and security of the person, and the Supreme Court has held that it includes a right to silence before trial. In R. v. Singh, the court described the core of it as the detained person's right to make a meaningful choice whether or not to speak to the authorities. Once a person is charged, section 11(c) adds that they cannot be compelled to be a witness in proceedings against themselves for that offence.

There is an important limit. Saying you want to remain silent does not by itself end an interview under Canadian law: in Singh, the accused asserted his right to silence 18 times and the questioning continued. The court said that police persistence despite repeated assertions of silence "may well raise a strong argument" that a later statement was not freely given, but each case turns on its facts. In practice, expect the officer to keep asking, and keep giving the same answer. An interviewer may present some of the evidence, or suggest that this is your only chance to tell your side. Your lawyer can tell you whether there is ever a good reason to give a statement in your case, and if so, how.

Can your lawyer sit in on the interview?

Not as of right. In R. v. Sinclair, the Supreme Court held that section 10(b) gives a detained person the right to be told of the right to counsel and a reasonable opportunity to consult a lawyer, but does not require a lawyer to be present throughout the interview. The court recognized that a person may be entitled to consult a lawyer again when circumstances change: new procedures involving the detainee, a change in the jeopardy they face, or reason to believe they did not understand the advice about counsel. That last category matters for people whose English is limited.

If you are arrested and do not have a lawyer, Legal Aid Ontario's Brydges duty counsel line gives free advice to anyone detained or arrested in Ontario, 24 hours a day, in any language through an interpreter. Tell the officer you want to speak to duty counsel; the fact sheet says duty counsel calls back within 30 minutes. You can also ask to call a lawyer of your choice.

What if you do not speak English well?

Ask for a Persian (Farsi) interpreter as soon as you sense you are missing anything, and say so plainly; do not rely on your English to discuss a criminal investigation. The court interpreter service and the rules about it are explained in our guide to Farsi interpreters in Ontario courts. A lawyer who speaks Persian can also explain the advice in your own language before any decision.

What changes the answer?

• Whether you are detained or arrested. Section 10 rights apply "on arrest or detention" (Charter s. 10; Grant).
• Your age. For a young person under 18, a statement is generally admissible only if the officer explained the rights in age-appropriate language and gave the youth a reasonable opportunity to consult a lawyer and a parent or other adult, and to have them present (YCJA s. 146(2)). Waivers must be recorded or written and signed (s. 146(4)).
• Language and understanding. Reason to believe the person did not understand the advice about counsel can require a fresh opportunity to consult (Sinclair).
• Whether police already have grounds to arrest. An officer may arrest without a warrant a person who, on reasonable grounds, the officer believes has committed an indictable offence (Criminal Code s. 495(1)(a)). Declining an interview does not stop that.
• The kind of investigation. Workplace investigations often concern fraud and turn on documents. Allegations of theft from an employer raise similar questions. Allegations from a former partner may bring a no-contact condition once a charge is laid.
• Whether police also want your phone or other property. Searches have their own rules; a warrant to search a place does not by itself authorize searching computers found there (R. v. Vu, 2013 SCC 60).

A worked example

For example, imagine a bookkeeper in Vaughan who moved from Mashhad eight years ago. A detective leaves a voicemail saying he would like her to "come in and explain a few things" about missing money at the company where she used to work. This is a hypothetical walk-through of the rules, not a description of any real case or result.

She takes the detective's details but does not discuss the money. She speaks to a lawyer in Persian that afternoon. Her lawyer calls the detective, learns the general nature of the investigation, and tells him that she will not be attending an interview. Two weeks later the police arrest her. She is told the reason, says she wants to speak to her lawyer, and says nothing about the facts. Because the officer's English explanation of her rights went too fast, she asks for an interpreter. She is released by the police on an undertaking with a court date, which her lawyer reviews with her, including a condition about her passports. Whether she was right to decline the interview depends on the evidence; the point is that the decision was made with advice, not on the phone.

What mistakes do people make?

1. Going in alone "to clear things up". The interview is usually part of building a case.
2. Believing a conversation is "off the record". What you say to police can be used as evidence.
3. Explaining on the phone. The first call is not the time to discuss facts.
4. Contacting the complainant or witnesses to sort it out. It can look like interference and can lead to conditions later.
5. Struggling on in English. Ask for an interpreter and say if you did not understand your rights.
6. Letting a teenager go in without a parent and a lawyer. Youth statements have special protections; use them.

What to do this week

1. Write down the officer's name, badge number, unit and phone number, and the date of the call.
2. Do not discuss the matter with the officer, the complainant, coworkers or on social media.
3. Gather documents you already have (emails, contracts, messages) but do not destroy or change anything.
4. If the person contacted is under 18, a parent should be involved from the first call.
5. Note any travel planned in the next months; a charge can bring passport and travel conditions.
6. Book a consultation before replying; you can discuss your matter in English, Persian (Farsi) or French.

Frequently asked questions

Do I have to go to the police station if a detective asks?

An invitation is not an order. Unless you are arrested or a legal obligation applies, you are not required to attend. Police who have reasonable grounds may arrest instead, so speak to a lawyer about what is likely to happen.

Will declining an interview make me look guilty?

Choosing not to speak is a constitutional right protected by section 7 of the Charter, described in Singh as the right to make a meaningful choice whether to speak to the authorities. Your lawyer can explain how it applies in your situation.

The detective says I am only a witness. Does that change anything?

A witness can also become a suspect as an investigation develops. If you are unsure of your status, get advice before giving a statement.

Can I give a written statement instead of an interview?

Any statement can be used as evidence, whatever its form. Whether to give one, and in what form, is a decision to make with a lawyer who knows the allegation.

What if police come to my home instead of calling?

You can still decline to answer questions, and you can ask whether you are under arrest. If they have a search warrant, different rules apply to the search itself; see our guide on search warrants at home.

What happens right after an arrest?

You must be told the reason and your right to a lawyer, and you must be taken before a justice within 24 hours where one is available, unless police release you earlier on an appearance notice or undertaking (Criminal Code ss. 503(1) and (1.1)). Our guide on rights in the first hours after an arrest covers that stage. Our page on bail hearings in Ontario explains the hearing that follows when police do not release you.

Related questions

If the allegation is of a sexual nature, our page on sexual assault charges explains how those cases proceed. A charge can also limit travel, which our guide on travelling outside Canada while charged covers. Passport renewals are explained in Canadian passports and pending charges.

Sourena Sarbazevatan is a Persian-speaking lawyer, and you can discuss a police request with him in Farsi, English or French before you decide what to do. Call +1 (416) 628-2041 or use the contact page.