02 Mar What to Do if the Police Call You for a “Statement”: A step-by-step guide on how to politely decline until you have counsel

For many people, it starts with a missed call from an unfamiliar number followed by a voicemail identifying the caller as a police officer who would like to “ask a few questions” or “get your side of the story.” Sometimes the request is framed as helping with an investigation, and sometimes it is presented as an opportunity to clear things up quickly. The tone is often calm and professional, which can make the interaction feel straightforward. The reality is that once police contact you in connection with an investigation, you are engaging with a formal legal process where your words carry weight. What you say, and how you choose to respond in that first exchange, can have lasting consequences.

The first principle to understand is that you are not required to provide a statement to the police simply because they ask. In Canadian law, you have a constitutional right to remain silent, and exercising that right cannot be used against you in court. A judge or jury is not permitted to draw an adverse inference from your decision not to speak, which means silence does not translate into guilt in the eyes of the law.

When the police call, slow the interaction down. Confirm who is calling, take their name and badge number, and ask for a contact number. You do not need to answer substantive questions over the phone. If they ask whether you are willing to come in to provide a statement, the appropriate response is measured and direct: you will be seeking legal advice before deciding how to proceed. That is not an act of defiance; it is an exercise of your rights.

It is important to understand the difference between identifying yourself and providing a narrative. In certain circumstances, you may be required to confirm your identity, particularly if you are lawfully detained or driving a motor vehicle. That obligation does not extend to explaining what happened, offering your version of events, or filling in perceived gaps in the investigation. Providing a narrative is voluntary, and once words are spoken they become evidence.

There is no such thing as an off the record conversation with police. Detectives are trained investigators, and statements are often recorded, summarized in notes, or later transcribed. Even informal remarks made in a hallway or over the phone can be introduced in court if they are voluntary. The idea that you can clear things up quickly by chatting is appealing when you are anxious, but investigations are built by collecting statements and comparing them to other evidence.

If you are invited to attend the station, do not go alone without first speaking to counsel. A lawyer can contact the investigating officer, determine whether you are considered a witness or a suspect, and assess whether there are grounds for arrest. That information changes the strategy. In some cases, arrangements can be made that protect your position while allowing the process to move forward in an orderly way.

If police attend at your home or workplace and seek to question you, remain calm and respectful. Ask whether you are under arrest or detained. If you are not detained, you are free to decline an interview. If you are detained or arrested, clearly state that you wish to speak to a lawyer and that you do not wish to answer questions until you have done so. Once you have asserted that right, continue to repeat that you do not wish to provide a statement.

Do not attempt to outmaneuver the interview process by offering partial explanations or selective facts. Incomplete information can be interpreted in ways you did not anticipate, and inconsistencies can arise when you are speaking under pressure. Investigations are often lengthy, and you are rarely in possession of all the evidence police have gathered. Decisions about whether to provide information should be made after disclosure is reviewed and legal advice is obtained.

If you are facing a request for a statement, the most effective step you can take is to involve experienced counsel immediately. Early advice can prevent missteps that cannot be undone and ensure that your rights are fully protected from the outset. If the police have contacted you or you are unsure how to respond, contact Jason Wuttunee Criminal Defence for clear, strategic guidance tailored to your situation before you speak to anyone about the allegations.

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