1. Say nothing about the allegations
You have a constitutional right to silence. Use it. Identify yourself, be polite, comply with lawful demands — and say nothing about the incident. Not to police, not to cellmates, not on the phone from the station. Statements made in the first hours convict people who would otherwise have walked.
2. Ask to speak to a lawyer — immediately
Section 10(b) of the Charter guarantees your right to counsel without delay. Police must stop questioning until you've had a reasonable opportunity to get advice. Ask clearly and repeat if necessary: 'I want to speak to a lawyer.'
3. Take bail seriously
If police hold you for a hearing, you must be brought before a justice within 24 hours. Bail is not a formality — restrictive conditions or detention will shape your life for the months the case takes. A prepared release plan with suitable sureties, presented by counsel, usually wins the day. Losing bail and fixing it later by bail review is far harder.
4. Write everything down
While memory is fresh, privately record everything: times, locations, who said what, officers' conduct, witnesses, injuries, what you had consumed, and any recordings that might exist. Give it only to your lawyer — it is then privileged.
5. Follow your conditions to the letter
Breaching a release condition is a new criminal charge and the fastest way to turn a defensible case into custody. If a condition is unworkable — a no-contact term that keeps you from your home or children — the answer is a variation application, not quiet non-compliance.
The earlier defence counsel is involved, the more can be done: disclosure gets reviewed sooner, Charter issues get preserved, and resolution discussions start from strength. If you or someone you love has been charged, call before you do anything else.
About the Author
Nooruddin Waliani — Principal Lawyer & Founder
Nooruddin Waliani is the founder of Waliani Law, practising civil litigation, real estate, private lending, criminal defence, family law and estates across Ontario. Called to the Ontario Bar in 2015.