If you remember one phrase when dealing with the police, it should be this: “lawyer told me not to talk to you.” That line is more than a meme or a slogan. It captures a core legal protection that exists to shield ordinary people from accidentally harming themselves during police investigations.
Understanding your right to silence can make the difference between protecting yourself and creating evidence the police did not already have.
The Right to Silence in Canada
In Canada, the right to silence is a constitutional right protected by section 7 of the Charter of Rights and Freedoms. It is closely tied to the principle against self-incrimination. In plain language, the right to silence means you do not have to help the police build a case against you. You are allowed to say nothing, even if the police are convinced you are involved in an offence, even if they are friendly, and even if they say things will “go easier” if you cooperate.
When the Right to Silence Applies
A critical point many people misunderstand is when this right applies. In Canadian law, the right to silence arises the moment you are detained. Detention does not always mean handcuffs or a formal arrest. It can include being pulled over, placed in the back of a police car, or told you are not free to leave.
Detention can be psychological or it can be physical. The police do not have to physically restrain you in order for you to be detained. If a regular person in your situation would feel as though they are detained or feel as though they were not free to go, that is sufficient to trigger a detention.
Once detention occurs, your constitutional protections are triggered. From that moment on, you are not required to answer police questions, with some limited exceptions.
Lawyers, Police Cautions, and Why They Matter
There are two main ways the right to silence is normally communicated to someone who has been detained. The first is access to a lawyer. Speaking to a lawyer allows you to receive clear advice that you do not have to talk to police. The second is the police caution, where officers are supposed to tell you directly that you have the right to remain silent. When neither of these happens, courts now take a very serious view of police questioning.
Why does this matter? Because people often talk without realizing they do not have to. Police are trained to ask questions in ways that feel conversational and harmless. A few casual comments can turn into admissions. A half-remembered detail can later be framed as an inconsistency. Silence prevents that risk entirely. It does not prove guilt. It simply prevents mistakes.
Canada Is Not the United States
Many Canadians are confused by American television and social media references to “invoking the Fifth Amendment.” That phrase comes from the United States Constitution, not Canadian law. In the U.S., the Fifth Amendment explicitly protects the right against self-incrimination, and people often say, “I plead the Fifth.” In Canada, there is no Fifth Amendment, and you do not need to use that language. You also do not need to give a formal speech or cite legal sections. A simple statement like “lawyer told me not to talk to you” is enough.
In Canada, silence cannot be used as evidence of guilt. You cannot be punished for refusing to answer police questions. That protection exists precisely because of the power imbalance between the state and the individual. Police investigate crimes for a living. Most people experience police questioning only a handful of times, if ever. The law recognizes that imbalance and gives you the right to say nothing.
Silence vs. Obstruction
However, your right to silence does not allow you to obstruct police or interfere with their investigation. It does not give you the right to provide false information. Lying to police can create new criminal problems. Silence, by contrast, is always lawful. Saying nothing is safer than guessing, explaining, or trying to talk your way out of a situation.
Courts across Canada have increasingly emphasized the importance of the police caution. Judges now recognize that failing to clearly tell a detained person about their right to silence can undermine the fairness of an investigation. The caution exists for one simple reason: to make sure people understand they have a choice. Without that knowledge, any conversation with police may not be truly voluntary.
What the Police Caution Actually Sounds Like
The police caution in Canada that is typically read to individuals is not the one you may have heard on television. Police do not say something like, “You are not required to say anything, but anything you do say can and will be used against you in a court of law.”
Rather, the typical language used in British Columbia is, “You are not obliged to say anything, but anything you do say may be given in evidence.”
The Safest Practical Approach
From a practical standpoint, the safest approach is consistent and boring. Be polite. Do not argue. Do not explain. Ask to speak to a lawyer. Then stop talking. You do not need to justify your silence. You do not need to convince the police of anything. Investigations are not resolved on the roadside or in the back of a police car. They are resolved later, with legal advice, evidence review, and proper strategy.
Yes, it can feel rude to just be silent when police are asking you questions, but wouldn’t you rather be perceived as rude than guilty?
Why This Phrase Works
The phrase “lawyer told me not to talk to you” works so well because it removes emotion from the interaction. It signals that you are not being difficult. You are following advice. Police hear it every day. It is clear, calm, and legally effective.
If there is one takeaway from understanding your right to silence, it is this: talking rarely helps, and silence never hurts. The right exists to protect innocent people, not just the guilty. Exercising it does not make you look bad. It makes you careful. In police investigations, careful is exactly what the law encourages.
