What Happens After You're Arrested in Ontario
Being arrested is one of the most disorienting experiences a person can face. Whether you expected it or not, the moments after an arrest unfold quickly, and understanding the process can help you make better decisions at every stage. This guide walks through what happens after a criminal arrest in Ontario, from the moment an officer places you under arrest through to your release or bail hearing.
The criminal process in Ontario is governed by the Criminal Code of Canada and the Canadian Charter of Rights and Freedoms. Knowing your rights at each step is not just helpful — it is essential.
The Arrest Itself: What Officers Must Do
Under Canadian law, a police officer making an arrest must inform you that you are under arrest and tell you the reason for the arrest. This is not a formality. Section 10(a) of the Charter guarantees your right to be informed promptly of the reasons for your detention.
In practice, the officer will typically say something like: "You are under arrest for [offence]. You have the right to retain and instruct counsel without delay." The exact wording varies, but the substance must be there. If an officer fails to properly inform you of the reason for your arrest or your rights, this can become a significant issue later in court.
The officer may also use reasonable force to effect the arrest, but the force must be proportional. You should never physically resist an arrest, even if you believe the arrest is unlawful. Resisting arrest is a separate criminal offence under section 129 of the Criminal Code, and physical resistance can escalate a situation dangerously. Any issues with the legality of the arrest can be addressed later through your lawyer and the courts.
Your Charter Rights at the Moment of Arrest
Immediately upon arrest, two critical Charter rights come into play:
The right to counsel (section 10(b)): You have the right to retain and instruct a lawyer without delay, and to be informed of that right. Police must also tell you about the availability of free legal advice through duty counsel and Legal Aid Ontario. Once you indicate that you want to speak with a lawyer, police must give you a reasonable opportunity to do so and must stop questioning you until you have had that opportunity.
The right to be informed of the reason for arrest (section 10(a)): You must be told why you are being arrested in language you can understand. This is not a technical requirement — the purpose is to ensure you can make informed decisions about exercising your rights, including your right to counsel.
There is also the right against unreasonable search and seizure under section 8, and the right to remain silent, which is protected under sections 7 and 11(c) of the Charter. You are never required to answer police questions beyond providing your name and basic identifying information.
Transport and Booking at the Station
After the arrest, you will be transported to a police station for booking. During transport, officers may attempt to engage you in conversation. Be aware that anything you say — in the cruiser, at the station, or anywhere else — can be used as evidence. This includes casual remarks that may seem insignificant at the time.
At the station, the booking process typically includes:
- Recording your personal information (name, date of birth, address)
- Photographing you (mugshots)
- Taking your fingerprints
- Inventorying and storing your personal belongings
- A search of your person (a more thorough search than may have occurred at the scene)
Fingerprinting and photographs are authorized under the Identification of Criminals Act for indictable offences and certain hybrid offences. You are legally required to comply with this process. Refusing to be fingerprinted can result in additional charges.
You will be held in a cell at the station while police process the paperwork and make decisions about your release.
The Phone Call: Contacting a Lawyer
Police must provide you with a reasonable opportunity to contact a lawyer. This is not a single phone call like you might see in American television — you are entitled to make the calls necessary to actually reach and speak with a lawyer.
If you do not have a lawyer, you can call duty counsel, a free service available 24 hours a day, 7 days a week through Legal Aid Ontario. Duty counsel can provide immediate legal advice over the phone, including advice about whether to give a statement and what to expect at a bail hearing.
Once you have spoken with a lawyer, police may resume questioning. However, having spoken with a lawyer, you should have a clear understanding of whether it is in your interest to answer questions. In the vast majority of cases, the advice will be to exercise your right to remain silent.
The Statement: Your Right to Refuse
After you have had the opportunity to speak with a lawyer, police will often ask if you are willing to provide a statement. This is an interview — sometimes recorded on video — where officers ask you questions about the alleged offence.
You have an absolute right to refuse to give a statement. You do not have to explain why. You do not have to justify your refusal. You can simply say: "I do not wish to make a statement" or "I have nothing to say." Exercising this right cannot be used against you at trial.
It is worth understanding that police are trained in interrogation techniques designed to elicit statements. Officers may suggest that cooperating will help you, that they already have enough evidence, or that things will go worse if you do not talk. None of this changes your right to remain silent, and speaking to police without your lawyer present is almost never advisable.
If you have already been advised by a lawyer not to give a statement, you can tell the officers: "I have spoken with my lawyer and I do not wish to make a statement." That should end the questioning, though officers may try once more. Stand firm.
Release or Detention: What Happens Next
After booking, one of two things will happen: you will be released from the station, or you will be held for a bail hearing.
Release from the station: For less serious offences, the officer in charge at the station may release you on an appearance notice, an undertaking, or a recognizance. An undertaking or recognizance will typically come with conditions — for example, a requirement to stay away from a particular person or place, a curfew, or a requirement to report to police. These conditions are legally binding, and breaching them is a separate criminal offence under section 145 of the Criminal Code.
Detention for a bail hearing: For more serious offences, or where the officer in charge has concerns about the accused's likelihood of attending court, the safety of the public, or the protection of a victim or witness, you may be held in custody for a bail hearing. Under section 503 of the Criminal Code, you must be brought before a justice within 24 hours of arrest, or as soon as possible if a justice is not available within that time.
The bail hearing takes place before a Justice of the Peace at the Ontario Court of Justice. At the hearing, the Crown must generally show cause why you should remain in custody. However, for certain offences — including some drug trafficking charges, offences committed while on bail, and offences involving firearms — the onus is reversed, and you must show why you should be released.
After Release: What Comes Next in the Criminal Process
Whether you are released from the station or after a bail hearing, you will be given a date for your first court appearance. This date is typically several weeks away, and the purpose of that appearance is usually administrative — to set the case on a track, allow you to retain a lawyer if you have not already done so, and begin the process of obtaining Crown disclosure.
Between your release and your first court date, there are several important steps to take:
- Retain a criminal defence lawyer. If you spoke with duty counsel at the station, that was emergency advice. You need a lawyer who will handle your case from start to finish.
- Obey all conditions of release. If you were released with conditions — no contact with a complainant, a curfew, a requirement to reside at a particular address — follow every condition to the letter. A breach of conditions under section 145 of the Criminal Code is a separate offence that can result in your re-arrest and significantly complicate your case.
- Do not discuss the case on social media or with anyone other than your lawyer. Anything you post, text, or say to friends and family can potentially be used as evidence.
- Write down everything you remember about the arrest while it is still fresh. Give those notes to your lawyer. Details that seem unimportant now may become significant later.
The criminal process can feel overwhelming, particularly in the first hours and days after an arrest. But it is a process — with defined steps, rights, and protections at each stage. Understanding what to expect, exercising your rights, and getting legal advice early can make a meaningful difference in the outcome of your case.
If you or someone you know has been arrested and needs guidance, contact a criminal defence lawyer as soon as possible. Early legal advice is one of the most important steps you can take.