A police investigation can involve voluntary contact, investigative detention, arrest, searches, demands for documents or samples, and requests for a statement. The legal rules change with the police power being used and the person's status. A useful first question is whether the person is free to leave or is being detained.
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.
Voluntary contact and detention
Not every interaction with police is a detention. The Charter consequences become especially important when a person's liberty is constrained physically or psychologically.
- asking whether you are free to leave
- investigative detention
- arrest
Right to counsel
Section 10(b) of the Charter protects the right on arrest or detention to retain and instruct counsel without delay and to be informed of that right.
- telephone counsel
- implementation duties
- waiver of counsel
Search powers
Police may rely on warrants, statutory powers, consent or recognized common-law powers. Whether a search is lawful depends on the authority relied upon and the facts.
- search warrants
- search incident to arrest
- consent searches
Statements and silence
A person may face strategic and legal consequences from answering questions. The common-law confessions rule and Charter protections can affect whether a statement is admissible.
- right to silence
- voluntariness
- recorded interviews
Preserving the record
Time, location, words used, documents provided and the sequence of police actions can matter when legality is later challenged.
- notes and timelines
- warrants and paperwork
- disclosure
Official and authoritative sources
- Justice Canada — Canadian Charter of Rights and Freedoms
- Justice Canada — Criminal Code
- Nova Scotia Legal Aid — Criminal Law Resources