Just charged with a crime in Canada? Here's what to do next.
A practical, step-by-step guide for first-time defendants — and a $29.99 AI tool that scans your disclosure for Charter violations your lawyer might not have time to spot.
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Scan my disclosure now — $29.99 →60 seconds. All 13 provinces & territories. Not legal advice — issue-spotter only.
Step 1 — Stop talking. Right now.
The single most powerful thing you can do after being charged is also the simplest: stop talking to police, prosecutors, and detectives. "I want to speak to a lawyer" is a complete sentence. You do not have to explain yourself, justify yourself, or "clear up the misunderstanding." Anything you say can and will be used against you — including remarks made in the back of a cruiser, at intake, or in casual conversation with another inmate (who may be a paid informant).
Section 7 of the Charter gives you the right to silence. Section 11(c) protects you from being compelled to testify against yourself. Use both.
Step 2 — Call duty counsel immediately
Every province and territory has free duty counsel available 24/7 by phone. Use it before any questioning. Section 10(b) of the Charter guarantees your right to retain and instruct counsel "without delay" — and police are required to facilitate that call. If they don't, that's a Charter violation that can get statements you made excluded.
Provincial duty counsel numbers:
- Alberta: Legal Aid Alberta — 1-866-845-3425
- Ontario: Legal Aid Ontario — 1-800-668-8258
- British Columbia: Brydges Line — 1-866-458-5500
- Quebec: Aide juridique — 1-800-842-2213
- All others: ask the booking officer for the duty counsel number
Step 3 — Get bail and your first court appearance
After arrest you'll either be released on an undertaking, released by an officer-in-charge, or held for a bail hearing (which must occur within 24 hours of arrest under s.503). At your first appearance you typically do not enter a plea — it's an administrative date to set the next steps. Do not let pressure to "get this over with" push you into a guilty plea before you've seen the evidence against you.
Step 4 — Get your disclosure and read every page
Disclosure is the evidence package the Crown is legally required to give your lawyer (R v. Stinchcombe, 1991). It includes police officer notes, witness statements, body-worn camera footage, breath sample certificates, search warrants, chain-of-custody logs, and any exculpatory evidence (anything that might help your defence).
Your lawyer will read it. But duty counsel and most legal aid lawyers carry 30+ active files at once. They do not have time to read every page of every disclosure. You should read your own. You know what actually happened — your lawyer doesn't. You may spot inconsistencies between officer notes and what you remember. You may notice timing gaps that suggest a delay-of-counsel violation. You may see a search that was conducted without a warrant or grounds.
The four Charter violations that get evidence excluded
When police violate your rights and obtain evidence as a result, section 24(2) of the Charter allows a judge to exclude that evidence. Without the evidence, the Crown's case may collapse. These are the four most common winning arguments:
The Charter protects you from unreasonable search. Police generally need a warrant or a recognized exception (consent, search incident to arrest, exigent circumstances). "He looked in my trunk because I seemed nervous" is not a legal search. If the warrant was defective or the exception didn't apply, the evidence found may be excluded under s.24(2).
You must be told of your right to a lawyer "without delay" upon arrest or detention. You must be given a real opportunity to call one — not "later" or "after questioning." Statements you made before being properly informed and given access to counsel may be inadmissible.
Under R v. Jordan (2016), there are presumptive ceilings: 18 months from charge to trial in provincial court, 30 months in superior court. Cases that exceed those ceilings without exceptional circumstances are stayed (dismissed). Track your dates carefully.
Police cannot detain you without lawful authority. "I held him at the side of the road for 40 minutes while waiting for a sniffer dog" can be an arbitrary detention. Evidence flowing from an unlawful detention can be excluded.
How RightsRadar helps
RightsRadar is an AI tool built specifically for people in your situation. You upload your disclosure (PDF, Word, or photo), pick your province, and in 60 seconds you get a plain-English report flagging:
- Possible Section 8 search-and-seizure issues
- Possible Section 10(b) right-to-counsel issues
- Possible Section 11(b) Jordan delay issues
- Possible Section 9 detention issues
- Specific questions to ask your lawyer at your next meeting
It is not legal advice and it doesn't replace your lawyer. It's an issue-spotter — it gives you a structured way to read your own file and prepare for the conversation. Lawyers welcome clients who arrive prepared. Bail hearings, sentencing decisions, and Charter motions all go better when you understand what the file actually contains.
Ready to scan your disclosure?
$29.99. 60 seconds. All 13 provinces & territories. No subscription.
Scan My Disclosure → $29.99Frequently asked questions
What should I do immediately after being charged?
Stay silent except to ask for a lawyer. Don't consent to searches. Don't try to explain. Call duty counsel before any questioning.
When do I get my disclosure?
Through your lawyer, typically within a few weeks of your first court appearance. The Crown is legally required to provide it under Stinchcombe.
Can charges actually be dropped over Charter violations?
Yes — through evidence exclusion under s.24(2) or, in delay cases, a stay of proceedings. Many DUI, drug, and weapons charges are won this way every year in Canadian courts.
What's the Jordan ruling and why does it matter?
It set hard ceilings on trial delay: 18 months provincial court, 30 months superior court. Track your dates from the charge.
Should I plead guilty at my first appearance?
No. You don't have to enter any plea at your first appearance. Get disclosure, see a lawyer, then decide.