Watch: Can Your Lawyer Be Present When You Are Interviewed By The Police In Alberta?

Calgary Criminal Defence Lawyer Charles Fair, founder of Fair Legal, explains if your lawyer can be present when you are interviewed by the police in Alberta, Canada. Your rights are different in Canada than in the United States.

Watch: Can Your Lawyer Be Present When Interviewed By The Police?


Q? When the police are interviewing me, can my lawyer be present? 

A: That’s a very good question. It often arises because people see American TV and they see the lawyer present and who's intervening and objecting to questions the police are asking the accused person or the person who's under investigation.

In Canada, we have a different perspective on this. The #1 rule is that you do not have the right to have your lawyer present with you when you are being interviewed by the police. You certainly have the right to consult with a lawyer, but you don't have the right to have the lawyer present.

And there's a good practical reason for that. Because if the lawyer is present, they become a witness. And if they are a witness, and if they are a witness in your case, they can’t also be your lawyer. So it's just a little bit of too much confusion to have a lawyer who's also a witness.

So it’s really important to exercise that very important right, the right to remain silent.

Contact Calgary Criminal Defence Lawyer Charles Fair

Call Fair Legal at 1 (403) 239-2249 to schedule a confidential meeting with a member of our legal team.