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This video is an example of the unlawful arrest of a U.S citizen utilizing his right to free speech.

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-The right to silence is protected under section 7 and
section 11(c) of the Canadian Charter of Rights and freedoms.
- The accused may not be compelled as a witness against themsel in criminal proceedings, and only voluntary statements made to police are admissible as evidence.

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Police may arrest a suspect if they:
- Have reasonable grounds to believe the suspect has committed a indictable offence, or is about to commit an indictable offence.

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Obtaining a warrant:
- An officer must provide case information (showing probable cause / evidence to make an arrest) to a court of law in order to receive an arrest warrant from a judge.

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In this video below the YouTube channel 'NowThisWorld' will go further in depth about exercising your right to remain silent.

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Do You Really Have The Right To Remain Silent?

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This act my occur if an individual is detained for an unreasonable amount of time or if the an office doesn't necessarily need to arrest or charge a individual.

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The Norman Law Firm | A Different Kind of Law Firm

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The Norman Law Firm | A Different Kind of Law Firm

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WHAT ARE YOU RIGHTS UPON ARREST OR DETENTION?

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WHAT ARE YOU RIGHTS UPON ARREST OR DETENTION?

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This article created by the website 'Steps To Justice' goes further into depth of what your right are as a Canadian under arrest and how the charter protects these rights.

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Your rights

The Canadian Charter of Rights and Freedoms protects your right to be told why you're being detained or arrested.

What to do if you're being detained

If you're unsure if you're being detained, you can tell the police that you don't wish to talk to them. Ask, "Am I free to leave?" If the police say you can go, simply walk away.

If the police say you are not free to go, you're being detained and they must tell you why.

The police are legally allowed to detain you if they have reasonable grounds to suspect you've been involved in a crime. Having reasonable grounds is more than having a hunch based on the facts. The officer must believe that any reasonable person in the officer's position would think there are reasons to suspect you were involved in a crime.

If you have been detained but you think the police don't have reasonable grounds to suspect you've been involved in a crime or they have not clearly explained why you're being detained you should not try to leave. If you have these concerns you should discuss them with a lawyer later on.

What to do if you're being arrested

If you're unsure if you're being arrested, ask. Say politely, "Am I under arrest?" If the police say that you are, ask them why.

The police can arrest you if they:

see you doing a crime and it is in the public interest to arrest you

have reasonable grounds to believe you committed, or are about to commit, an indictable offence which is a more serious crime

have a warrant for your arrest

have reasonable grounds to believe a warrant exists for your arrest

If the police are going to arrest you without a warrant for a summary offence they must believe it's in the public's best interest to:

find out who you are

stop you from damaging or hiding evidence

stop a crime

If the police don't have a warrant, they are only allowed to arrest you for a minor crime if they:

see you committing the offence, and

they have reasonable grounds to believe it's in the public's best interest to arrest you.

You might be charged without being arrested if you tell the truth about who you are and the police believe:

you will not destroy evidence

you will not repeat the offence

you will go to court as required

If the crime is more serious, you will be arrested.

If you've been detained or arrested, you don't have to answer any questions the police ask you. You have the right to remain silent.

Don't resist if the police try to arrest you. Resisting arrest will not stop the police from arresting you. And you risk being charged with more offences, such as obstructing the police, assaulting a peace officer or assault with intent to resist arrest.

Resisting unlawful arrest

The Criminal Code gives you the right to resist an unlawful arrest. You are allowed to take reasonable actions to defend yourself from an unlawful threat or use of force coming from the police, but this will not stop the police from arresting you.

If you think your detention or arrest was unlawful, you canseek a remedy for a breach of those rights later with the help of a lawyer.

A court will decide whether your arrest was lawful. If the court finds that the arrest was unlawful, you had a right to resist.

But if the court finds that the arrest was lawful, you could be charged with obstructing the police. You can also be charged with assaulting a peace officer or assault with intent to resist arrest.

What to say

If you've been detained or arrested, ask to talk to a lawyer right away.

Just say, "I want to talk to a lawyer." The police should stop questioning you as soon as you ask for a lawyer. You don't have to say anything else. If the police keep asking questions, don't say anything. Ask again to talk to a lawyer.

If you do not speak or understand English, tell the police so that they can take steps to make sure that legal advice is given through an interpreter or a lawyer who speaks your language.

Your rights

The Canadian Charter of Rights and Freedoms protects your right to talk to a lawyer without delay when you're detained or arrested. In most circumstances the police must tell you that you have this right. If you ask, the police must allow you to contact a lawyer.

You must be allowed to talk to the lawyer in private. The exception is if you have been pulled over while driving for a Highway Traffic Act reason or for a roadside breath test.

If you still do not understand your rights after talking to a lawyer you should clearly tell the police. The police may have a duty to give you the opportunity to talk to another lawyer.

You are allowed to call someone who is not a lawyer if the purpose of the phone call is to get help to find a lawyer.

The rights related to talking to a lawyer are called the right to counsel. Always talk to a lawyer before you talk to the police.

Services while in custody

If you need to talk to a lawyer while you're in custody, the police must tell you about the Brydges duty counsel service. This is a service provided by Legal Aid Ontario. It gives free legal advice to anyone in Ontario who is detained or arrested. It is available 24 hours a day, 365 days a year. The service is available in English, French, and any other language through an interpreter.

Tell the police officer that you want to talk to duty counsel if you don't have your own criminal lawyer. The officer should call the hotline for you and let you speak with duty counsel in private. If duty counsel is not available, the officer can leave a message and duty counsel should call you back within 30 minutes.

What the police can do

The police must stop questioning you until you have talked to a lawyer in private.

The police must allow you to call the lawyer you want to speak to more than once if there is no answer on the first try. If after several tries you still can't reach the lawyer and they have not called you back, the police must let you talk to a different lawyer.

If you do not speak or understand English, tell the police so that they can take steps to make sure that legal advice is given through an interpreter or a lawyer who speaks your language.

What to say

The police can keep asking questions and trying to get a statement from you even after you say that you want to remain silent. If the police are questioning you and you don't want to answer, tell them. Politely say, "I do not wish to give a statement or answer any questions." Repeat this as often as necessary. By saying this, you make it clear that you have chosen to use your right to remain silent.

Your rights

The Canadian Charter of Rights and Freedoms protects your right to remain silent. In most situations, you don't have to answer any questions the police ask you. Anything you say to the police may be used as evidence if you're charged with an offence.

If you're being detained or arrested, the police may caution you before asking for a statement, but they don't have to tell you about your right to remain silent.

It's usually in your best interest to remain silent. It's always in your best interest to wait until you've talked to a lawyer before you decide whether to answer questions from the police.

If you lie to the police, you can be charged with obstructing justice.

Exception for a motor vehicle accident

If you're in a motor vehicle accident you may be required by law to give a statement to the police. This statement is called an accident report. You are required by law to give police the information necessary to complete the report. You can ask the officer if the information is being requested for an accident report or for a criminal investigation. If it is for a criminal investigation, you do not have to say anything.

Your accident report cannot be used against you as self-incriminating evidence of an offence related to the accident, but making an untrue statement is an offence under the Highway Traffic Act. Also, if you lie to the police, you can be charged with obstructing justice.

The police are legally allowed to search you under certain conditions when you're being detained or arrested. The Canadian Charter of Rights and Freedoms protects you from unreasonable search and seizure. This means the police must conduct their search in a reasonable manner. They aren't allowed to destroy your property for no reason. If the police do their search in a way that is not reasonable, a court may later decide that the evidence they found can't be used against you.

What the police are allowed to do

When you're being detained, the police can pat you with their hands to search for weapons. This is to make sure you're not a threat to the police or public safety. They aren't allowed to empty your pockets, purse, knapsack, or other type of bag. They are only allowed to frisk you to find and take away weapons.

When you're being arrested, the police can search you and your immediate surroundings, which include:

you

your clothing

anything you're carrying, including your knapsack or purse

your cell phone, if you do not have a password. If you have a password you do not have to give it to the police

your car if that's where you're arrested

When you're being arrested, the police can conduct a more thorough search. They can search you to:

find evidence related to the offence you're being arrested for

prevent you from destroying evidence

protect the police or public

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What are my rights if I'm detained or arrested?

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When you're being detained or arrested by the police, you have rights. These rights are protected by the Canadian Charter of Rights and Freedoms. Your rights You have the right to: be told why you're being detained or arrested be searched in a reasonable manner remain silent talk to a lawyer, in most circumstances Don't resist if the police try to arrest you.

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 HUAWEI EXECUTIVE ARRESTED IN VANCOUVER.

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 HUAWEI EXECUTIVE ARRESTED IN VANCOUVER.

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Last week the arrest of China's tech giant Huawei's executive was arrested at a Vancouver airport for being suspected of trying to evade U.S. trade curbs on Iran. Although many are now making the statement "Detaining the person involved with no explicit reason certainly harms her human rights" as they haven't clearly stated the reasoning for the arrest.

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China on Thursday demanded Canada release a Huawei Technologies executive who was arrested in a case that adds to technology tensions with Washington and threatens to complicate trade talks.

Huawei's chief financial officer, Meng Wanzhou, faces possible extradition to the United States, according to Canadian authorities. The Globe and Mail newspaper, citing law enforcement sources, said she is suspected of trying to evade U.S. trade curbs on Iran.

READ MORE: Huawei CFO Wanzhou Meng arrested in Vancouver, faces extradition to U.S.

The timing is awkward following the announcement of a U.S.-Chinese cease-fire in a tariff war over Beijing's technology policy. Meng was detained in Vancouver on Saturday, the day Presidents Donald Trump and Xi Jinping met in Argentina and announced their deal.

Stock markets tumbled on the news, fearing renewed U.S.-Chinese tensions that threaten global economic growth. Hong Kong's Hang Seng lost 2.5 per cent and the DAX in Germany sank 1.8 per cent.

A Chinese government statement said Meng broke no U.S. or Canadian laws and demanded Canada "immediately correct the mistake" and release her.

Beijing asked Washington and Ottawa to explain the reason for Meng's arrest, said a foreign ministry spokesman, Geng Shuang. He said arresting her without that violated her human rights.

But the Ministry of Commerce signalled Beijing wants to avoid disrupting progress toward settling a dispute with Washington over technology policy that has led them to raise tariffs on billions of dollars of each other's goods.

China is confident they can reach a trade deal during the 90 days that Trump agreed to suspend U.S. tariff hikes, said a ministry spokesman, Gao Feng.
WATCH: Canada yet to block 5G technology from China's Huawei
Huawei Technologies Ltd., the biggest global supplier of network gear used by phone and internet companies, has been the target of deepening U.S. security concerns. Under Trump and his predecessor, Barack Obama, Washington has pressured European countries and other allies to limit use of its technology.

The United States sees Huawei and smaller Chinese tech suppliers as possible fronts for spying and as commercial competitors. The Trump administration says they benefit from improper subsidies and market barriers.

Trump's tariff hikes on Chinese imports stemmed from complaints Beijing steals or pressures foreign companies to hand over technology. But American officials also worry more broadly that Chinese plans for state-led creation of Chinese champions in robotics, artificial intelligence and other fields might erode U.S. industrial leadership.

"The United States is stepping up containment of China in all respects," said Zhu Feng, an international relations expert at Nanjing University. He said targeting Huawei, one of its most successful companies, "will trigger anti-U.S. sentiment."

READ MORE: U.S. senators urge Justin Trudeau to drop China's Huawei from Canada's upcoming 5G network

"The incident could turn out to be a breaking point," Zhu said.

Last month, New Zealand blocked a mobile phone company from using Huawei equipment, saying it posed a "significant network security risk." The company was banned in August from working on Australia's fifth-generation network.

On Wednesday, British phone carrier BT said it was removing Huawei equipment from the core of its mobile phone networks. It said Huawei still is a supplier of other equipment and a "valued innovation partner."

The Wall Street Journal reported this year U.S. authorities are investigating whether Huawei violated sanctions on Iran. The Chinese government appealed to Washington to avoid any steps that might damage business confidence.

Huawei's biggest Chinese rival, ZTE Corp., was nearly driven out of business this year when Washington barred it from buying U.S. technology over exports to North Korea and Iran. Trump restored access after ZTE agreed to pay a $1 billion fine, replace its executive team and embed a U.S.-chosen compliance team in the company.
WATCH: Trudeau says decision to ban Huawei 5G technology will be based on facts and evidence
Huawei is regarded as far stronger commercially than ZTE. Based in Shenzhen, near Hong Kong, Huawei has the biggest research and development budget of any Chinese company and a vast portfolio of patents, making it less dependent on American suppliers.

Its growing smartphone brand is among the top three global suppliers behind Samsung Electronics and Apple Inc. by number of handsets sold.

Meng was changing flights in Canada when she was detained "on behalf of the United States of America" to face unspecified charges in New York, according to a Huawei statement.

"The company has been provided very little information regarding the charges and is not aware of any wrongdoing by Ms. Meng," the statement said.

A U.S. Justice Department spokesman declined to comment.

READ MORE: Parliament's foreign affairs committee cancels meeting with Chinese ambassador, lawmakers

Huawei said it complies with all laws and rules where it operates, including export controls and sanctions of the United Nations, the United States and European Union.

Meng's arrest also threatened to inflame disagreements over Iran and Trump's decision to break with other governments and re-impose sanctions over the country's nuclear development.

Geng, the foreign ministry spokesman, said China objects to unilateral sanctions outside the United Nations. China has said it will continue to do business with Iran despite the possible threat of U.S. penalties.

Meng is a prominent member of China's business world as deputy chairman of Huawei's board and the daughter of its founder Ren Zhengfei, a former Chinese military engineer.

Despite that, her arrest is unlikely to derail trade talks, said Willy Lam, a politics specialist at the Chinese University of Hong Kong.

"I think too much is at stake for Xi Jinping. He desperately wants a settlement," said Lam.

Longer term, however, the case will reinforce official Chinese urgency about developing domestic technology suppliers to reduce reliance on the United States, said Lam.

Trump has "pulled out all the stops" to hamper Chinese ambitions to challenge the United States as a technology leader, Lam said. That includes imposing limits on visas for Chinese students to study science and technology.

"If the Chinese need further convincing, this case would show them beyond doubt Trump's commitment," said Lam.

David Mulroney, a former Canadian ambassador to China, said U.S. and Canadian business executives could face reprisals in China.

"That's something we should be watching out for. It's a possibility. China plays rough," Mulroney said. "It's a prominent member of their society and it's a company that really embodies China's quest for global recognition as a technology power."

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China demands Canada release Huawei executive arrested in Vancouver airport

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China on Thursday demanded Canada release a Huawei Technologies executive who was arrested in a case that adds to technology tensions with Washington and threatens to complicate trade talks. Huawei's chief financial officer, Meng Wanzhou, faces possible extradition to the United States, according to Canadian authorities.

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IS THERE A DIFFERENCE BETWEEN 'ARRESTING' AND 'DETAINING' SOMEONE?

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IS THERE A DIFFERENCE BETWEEN 'ARRESTING' AND 'DETAINING' SOMEONE?

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In this 10 minute video Mark Dawes will answer the question of if there is any difference between 'detention' and 'arrest'. Around the 0:19 second mark, Mark makes a very important statement saying "If you detain someone for committing a crime you have deprived someone of their liberty and therefore an arrest has been made" .-Mark Dawes

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What is The Difference Between ‘Arresting’ Someone and ‘Detaining’ Someone