Rights upon arrest are very important as being detained and arrested is a serious deprivation of your liberty, and there are potentially significant legal consequences that follow being arrested. Without being informed of your rights upon arrest, they become meaningless because you cannot make informed decisions about making a statement, confession, or complying with a breath or blood demand by the police. Your rights upon arrest protect you against self-incrimination.
Rights to Counsel
The right to counsel encompasses the following elements: the right to be informed of the right to counsel in a comprehensible and meaningful way, and the right to exercise the right to counsel in a meaningful and comprehensible way. Not only do you have the legal right to know you have the right to contact a lawyer, the right to speak to a lawyer in private, but additionally you must understand that conversation. Without comprehension of the informational component, you cannot meaningfully exercise your rights. Canada is a multicultural society, and for many people, English is their second language, thus accommodations may need to be made for those whose first language is not English.
Officers maintain the ability to detain individuals in certain circumstances. These powers infringe on the liberty of the individual. There must be a balance between the interests of the individual to be free from intrusions of the state against the state’s interest in pursuing credible tips for maintaining peace and order. The Charter protects the individual’s rights against arbitrary detention (s. 9).