Ask if you are free to go and why you are being questioned. If you are being searched, ask why. State that you want to speak to your lawyer. Make the telephone call right then if you have a cellphone. The Justice for Children and Youth GTA number is 416-920-1633.
What to do if you are being searched by the police:
Police can only legally search you:
- if you consent
- OR they have a warrant
- OR they are investigating your for a crime they suspect you did and it is for safety reasons
- OR they are arresting you for a crime and they are searching for evidence linked to the crime.
Under 18? Questioned or Arrested by Police? Here is a Step-by-Step
- You should give your correct name, age and address. Ask if you are free to go. If they say no, they may be arresting you.
- Ask why you are being arrested. You have a right to know.
- Before the police can charge you, they must consider the following alternatives. They can:
- Let you go.
- Give you a warning
- Caution you (and even your parents) on the spot or at the police station
- If there are grounds for a charge, and if you agree, refer you to a community program.
- If the officer does not mention these alternatives, politely ask about the alternatives.
- You have the right to call a lawyer AND a parent or adult that you trust. The police must give you the phone number for a lawyer. You get as many calls as you need.
- Get advice from a lawyer before you say anything to the police. You have a right to have a lawyer with you if you decided to say anything.
- The police can't carry out threats or promises to make you say or write anything.
24 hour Legal Aid Lawyers 1-800-268-8326
Justice for Children and Youth
416-920-1633 (inside GTA)
1-866-999-5329