If you're arrested in Canada, it's important to know what rights you have and how to protect them.

Most experienced criminal lawyers in Toronto will tell you that not knowing and using those rights can hurt the outcome of your case, or at least make it more difficult than it needs to be.

These rights are guaranteed to you by Canada's Charter of Rights and Freedoms, and if police violate them, your lawyer may be able to get the charges against you dismissed. Keep reading to know what they are.

Are You Actually Under Arrest? Or Are You Being Detained?

There's a difference between being arrested and being detained, which affects what police are allowed to do.

If police detain you, they should tell you that they are detaining you, that they have reasons to believe you are obligated to remain with them until they release you and why they are detaining you. They are only allowed to detain you briefly.

If you're being detained, the police are allowed to search you in a reasonable manner, but they are limited to a protective pat-down search. That means they can only frisk you and take away any weapons. They aren't allowed to empty your pockets, purse, or any other type of bag. If you're driving, they're allowed to look through your vehicle's windows, but they're not allowed to search your vehicle.

If you're getting arrested, police will tell you that you are under arrest, why they are arresting you and advise you of your right to retain and instruct counsel without delay.

Police can search you more thoroughly if you're under arrest, which may include anything you're carrying and the vehicle you were driving.

If you are arrested, do not resist or get violent. This can result in you facing more charges.

Your Right to Remain Silent

One of your most fundamental rights, when arrested or detained, is the right to remain silent. Use it!

Don't say anything until you speak to a lawyer, and if you're in custody, your lawyer will probably tell you to continue not saying anything. Don't try to explain yourself or "clear things up." If you're under arrest, the police have already made up their mind.

Remember, police are allowed to lie to you, but you could be charged with obstructing a peace officer if you lie to them.

If the police tell you that you have no hope of beating the charge and you should confess to make things easier for yourself, don't! Even if you believe it's an "open-and-shut" case, there's a chance they made a mistake along the way, they violated your rights, or something happens in the future like court delays that can cause your case to get thrown out or a witness not coming to court on the trial date.

Your Right to a Lawyer

If you've been detained or arrested, ask to talk to a lawyer right away.

Police should stop questioning you and have a duty to provide you with a phone, the 24-hour Legal Aid number and privacy.

If you don't speak up, the police do not have to let you speak with a lawyer and can continue questioning you.

Unlike what you see on TV, you do not have the right to have a lawyer with you during questioning – unless you are under 18 years of age.

If you're under 18, you can have your parents or guardians and a lawyer with you if you're detained or arrested, and police have to inform you of those rights. They also have to tell you that you don't have to say anything and that what you say can be used as evidence.