Arrest and detention engage important Charter protections. The police must have lawful authority for the restraint, and a person who is arrested or detained has rights that include being told why and being informed of the right to counsel. What happens next may include police release, a promise or undertaking, or a bail appearance.
Primary legislation and official process sources checked October 5, 2026. Criminal law and court procedure can change; verify the current source before relying on a provision or deadline.
Arrest versus detention
An arrest is not the only situation in which Charter detention rights can arise. Investigative detention can occur without a formal arrest.
- physical detention
- psychological detention
- grounds for arrest
Reasons and counsel
Sections 10(a) and 10(b) address the reason for detention and access to counsel.
- informational duty
- reasonable opportunity to contact counsel
- police questioning
Search incident to arrest
A lawful arrest can support a limited search power, but the scope and purpose of a search can still be contested.
- person and immediate area
- officer safety
- evidence preservation
Police release
The Criminal Code contains several mechanisms allowing police or an officer in charge to release an accused rather than hold the person for a bail hearing.
- appearance notice
- undertaking
- release conditions
Taken before a justice
If the person is not released by police, the interim-release provisions govern the route to a judicial release or detention decision.
- show-cause hearing
- release plan
- access to counsel
Official and authoritative sources
- Justice Canada — Canadian Charter of Rights and Freedoms
- Justice Canada — Criminal Code
- Nova Scotia Legal Aid — Criminal Law Resources