Police Arrests in Ontario: Rights You Have and How Courts Respond

PUBLISHED ON November 15, 2025

What is an arrest?

An arrest is a significantly more intrusive form of state power than a detention. It involves a full loss of liberty. A police officer may arrest someone without a warrant if they have reasonable and probable grounds to believe the person is committing a criminal offence or has committed or is about to commit an indictable offence. This standard—reasonable and probable grounds—is also referred to as reasonable belief. Whereas “reasonable suspicion” is required for police to detain someone for investigative purposes, the higher standard of reasonable belief is required to arrest. The leading case is R. v. Storrey, which holds that:

1. The arresting officer must subjectively believe the person committed the offence, and
2. That belief must be objectively reasonable, based on compelling, credible facts.

Again, reasonable grounds require a solid factual foundation—far stronger than the “reasonable suspicion” necessary for investigative detentions. This reflects the seriousness of an arrest where police take people into custody and lay charges. Unlike with investigative detentions, there are broad police search powers incidental to arrest.

What Rights Do You Have When Arrested?

An arrest activates full Charter protections.

(a)  Section 10 (a): Right to Be Told the Reason

Police must clearly state the specific offence. Vague explanations are constitutionally insufficient.

(b)  Section 10 (b): Right to Speak to a Lawyer

Police must:

• Inform you of your right to counsel
• Provide you with access to counsel
• Stop questioning until you have had a reasonable opportunity to consult counsel

(c)  Right to Silence (Section 7)

You are not obligated to give a statement. Interrogation techniques cannot undermine this right.

(d)  Right to Be Brought Before a Judge Within 24 Hours

Section 503(1) of the Criminal Code requires police to bring an arrested person before a justice “without unreasonable delay,” and in any event within 24 hours. Where a justice is unavailable, an arrested person must be brought before one as soon as possible.

(e)  Search Powers Incidental to Arrest

Police may lawfully search a person and their immediate surroundings for officer safety, preventing escape, or preserving evidence of the alleged offence.  However, such searches must still be reasonable and must not be used as a pretext for broader evidence gathering

What is the remedy if these rights are violated?

When police arrest without reasonable and probable grounds, delay access to counsel, or conduct overbroad searches, the evidence that they obtained may be excluded under section 24(2) of the Charter. The trial judge will consider the seriousness of the Charter breach, the impact on the accused’s rights, and society’s interest in adjudicating the case on its merits. Balancing these factors, the judge must exclude the evidence if its admission would bring the administration of justice into disrepute.

What is written above provides a brief and general explanation of the law surrounding police arrests. This is not legal advice for you or for any particular case. Should you be arrested and charged with a criminal offence and need legal advice about whether your rights were violated, contact a criminal defence lawyer to receive that advice for a consultation with Brian Ross, call (416) 658-5855.