In most cases, those who are criminally charged with an offence are first placed under arrest by police. Being placed under arrest means that some of the individual’s rights are being suspended and other rights will be triggered. Sections 7, 9, 10 and 11 of the Charter of Rights and Freedoms outlines an individual’s rights upon arrest or detention. These rights help guide many of the processes and procedures in place for arresting individuals in Canada.
An individual who is suspected of committing a criminal offence, or whom officers have seen committing a crime may be placed under arrest and criminally charged. Once an individual is placed under arrest, sections 7, 9, 10 and 11 of the Charter are triggered and certain processes and procedures must take place. These rights are discussed in more detail in the next section. Officer’s must inform those they are arresting about their rights as soon as possible.
Once the individual is arrested, the police may choose to release the suspect without laying charges, or they may choose to charge the individual. Where charges are laid, the suspect may be released directly from the scene or may be taken to the police station to be processed and possibly held for bail.