Most people meet the criminal justice system through a police officer: a knock at the door, a traffic stop, a phone call asking them to come to the station. What you say and do in those first minutes can shape the whole case. This page explains arrest warrants, search warrants and the rights every person in Ontario has when dealing with the police. Law Wise is based in Mississauga and serves the entire GTA and Ontario.
Your basic rights
These rights come from the Canadian Charter of Rights and Freedoms and apply to everyone in Canada, whatever their citizenship or immigration status.
Charter rights on dealing with the police
- Section 7. The right to life, liberty and security of the person. The courts have recognized the right to remain silent as part of this protection.
- Section 8. The right to be secure against unreasonable search or seizure.
- Section 9. The right not to be arbitrarily detained or imprisoned.
- Section 10(a). On arrest or detention, the right to be told promptly why.
- Section 10(b). On arrest or detention, the right to retain and instruct a lawyer without delay, and to be told of that right.
- Section 11. For a person charged: the right to be presumed innocent, to be tried within a reasonable time, and not to be denied reasonable bail without just cause.
- Section 24(2). Evidence obtained in a way that infringed a Charter right must be excluded if admitting it would bring the administration of justice into disrepute.
Source: Canadian Charter of Rights and Freedoms, Part I of the Constitution Act, 1982, ss 7 to 11 and 24, as published on the Justice Laws website on 11 October 2026.
Arrest with and without a warrant
A police officer does not always need a warrant to arrest. Under section 495 of the Criminal Code, an officer may arrest without a warrant a person who has committed an indictable offence, a person the officer reasonably believes has committed or is about to commit one, a person found committing any criminal offence, and a person the officer reasonably believes is the subject of an outstanding warrant. For less serious offences the officer is expected to release the person with an appearance notice instead of arresting them, unless arrest is needed to confirm identity, to preserve evidence, to stop the offence continuing, or to make sure the person comes to court.
An arrest warrant is issued by a justice after a charge is laid, where the justice is satisfied that a warrant is needed to bring the person to court (s 507). A warrant must name or describe the accused and briefly state the offence, and it stays in force until it is carried out (s 511). A “bench warrant” is a warrant issued when a person fails to come to court as required (s 512). Whoever makes an arrest has a duty, where feasible, to tell the person the reason for it, and to produce the warrant on request if they have one with them (s 29).
If there is a warrant for your arrest
- Do not waitA warrant does not expire. It can be acted on at a traffic stop, at the border, at work or at home, at a time you cannot choose.
- Call a lawyer firstA lawyer can confirm the warrant and the charge, and speak with the officer in charge.
- Arrange to attendIn many cases the lawyer can arrange a time for you to attend the station, which allows a release plan and any sureties to be ready.
- Prepare for a bail hearingFor serious charges, expect to be held for a hearing. See bail hearings.
- Say nothing about the allegationGive your name and identifying details. Tell the officer you wish to speak with your lawyer before answering questions.
Can the police come into your home?
A home has the highest protection in Canadian law. As a general rule the police need a warrant to enter a home to arrest someone. An arrest warrant can include an authorization to enter a named home if a judge or justice is satisfied there are reasonable grounds to believe the person is or will be there, and the officer must have reasonable grounds, immediately before entering, to believe the person is present (s 529). A separate entry warrant is available where grounds to arrest exist (s 529.1). The police may enter without a warrant in exigent circumstances, which include a reasonable suspicion that entry is necessary to prevent imminent bodily harm or death, and reasonable grounds to believe that entry is necessary to prevent the imminent loss or destruction of evidence of an indictable offence (s 529.3). The police may also enter if a person with authority over the home invites them in. You are not required to give that consent. If officers enter anyway, do not obstruct them. State clearly that you do not consent, and tell your lawyer.
Search warrants
A justice may issue a search warrant where sworn information shows reasonable grounds to believe that a building, receptacle or place contains something connected to an offence or something that will give evidence of one (s 487). The warrant authorizes officers to search that place for the things described and to seize them. The police may act without a warrant where the conditions for a warrant exist but, because of exigent circumstances, it would be impracticable to get one (s 487.11).
- Ask to see the warrant. Check the address, the date and what the officers are authorized to look for.
- Do not interfere. Obstructing a search can lead to a charge. Any challenge to the warrant is made later, in court.
- Stay silent about the items. You do not have to answer questions about what is found or who it belongs to.
- Do not consent to more. If officers ask to search something the warrant does not cover, such as a vehicle or a phone, you may decline.
- Take notes afterwards. Record the time, the officers’ names or badge numbers, what was taken and anything that was said.
Things seized must be reported to a justice, and there are time limits on how long they can be kept without further court approval (s 490). A lawyer can apply for the return of property that is not needed as evidence.
Street and traffic stops
Not every conversation with a police officer is a detention. If you are unsure, you can ask, “Am I free to go?” If you are, you may leave. If you are detained, the officer must tell you why and must tell you of your right to speak with a lawyer. Drivers are in a different position: an officer may stop a vehicle to check the driver’s licence, ownership, insurance and sobriety, and a driver must produce those documents and comply with a lawful breath demand. A passenger is generally not required to answer questions. See impaired driving for the rules on breath demands.
The right to silence and the right to counsel in practice
- You may decline to answer questions about an offence, before or after arrest. Silence cannot be used as proof of guilt. You must identify yourself when you are being arrested or given a ticket, and in certain other situations set by law, such as when driving.
- Ask for a lawyer clearly and then stop talking about the case. The police must give you a reasonable opportunity to speak with a lawyer in private and must hold off questioning until you have had that chance.
- Free legal advice is available through duty counsel, including by phone from the police station at any hour.
- After you have spoken with a lawyer, the police may continue to ask questions. You still do not have to answer them.
- Do not lie or give false details. Giving a false name or misleading the police can be a separate offence.
When rights are breached
A breach of a Charter right does not end a case automatically. The defence must apply to the court, show the breach, and then show that admitting the evidence would bring the administration of justice into disrepute (s 24(2)). The court looks at how serious the police conduct was, how much it affected the accused person’s protected interests, and society’s interest in having the case decided on its merits (R v Grant, 2009 SCC 32). Where key evidence is excluded, the Crown may be unable to prove the charge. These applications depend on detail, which is why notes made soon after the event are valuable.
How Law Wise helps
- Confirming whether a warrant exists and arranging a planned attendance.
- Advising before a police interview, and communicating with the investigating officer.
- Reviewing warrants and the sworn information used to obtain them.
- Bringing Charter applications to exclude evidence obtained unlawfully.
- Applying for the return of seized property.
Your file is handled by a Law Wise lawyer licensed by the Law Society of Ontario. Service is available in English, Urdu, Punjabi and Hindi, and, if you retain the firm, fees are explained and confirmed in writing before work starts.
Common questions
The police called and asked me to come in to talk. Do I have to go?
No. You are not required to attend an interview or to answer questions. Speak with a lawyer first. The lawyer can find out whether you are a witness or a suspect and whether a charge is planned.
Do the police have to show me the warrant?
A person carrying out a warrant has a duty to have it with them where feasible and to produce it when asked. Ask calmly, read it, and do not obstruct the search or arrest.
Can the police search my phone or my car without a warrant?
Sometimes. The police have limited powers to search on arrest and in urgent situations, and the limits are strict, especially for phones. You may decline to consent and decline to give a password. Whether a search was lawful is decided later by the court.
How do I find out if there is a warrant for me?
A lawyer can make the inquiry for you and, if there is a warrant, arrange for you to deal with it in an orderly way. Making the inquiry through a lawyer avoids an unplanned arrest.
If my rights were breached, is the charge thrown out?
Not automatically. The court decides whether the evidence obtained through the breach should be excluded. The result depends on how serious the breach was and how important the evidence is.
I am not a Canadian citizen. Do these rights apply to me?
Yes. Charter rights on arrest, detention and search apply to everyone in Canada. A criminal charge can also affect immigration status, so get advice on both. See immigration.
Is there a warrant, or have the police asked to speak with you?
Speak with a lawyer before you speak with the police. The conversation is confidential.
This page is general legal information for Ontario, current as of 11 October 2026. It is not legal advice and does not create a lawyer-client relationship. For advice about your situation, please speak with a lawyer.