Should I Talk to the Police?

If you have been arrested, DO NOT TALK TO THE POLICE without talking to your lawyer first (except to identify yourself).  This is so important that the Police themselves will warn you about this at the time of your arrest.  The Police can and will use anything you say against you in court.  They are not interested in your protestations of innocence or your mitigating circumstances (that's for a judge to consider) and anything you say will just dig you a deeper hole.

Even though the right to remain silent is enshrined in the Canadian Charter of Rights and Freedoms, the Police may still try a variety of techniques to get you to talk before you've obtained legal advice.  Resist the urge.  Simply say "I choose to remain silent until I've consulted with my lawyer".

If you haven't been formally arrested but are being questioned by the Police, the practical reality is that it can be hard to remain silent until you've obtained legal advice.  You might be being questioned merely as a witness, rather than as a potential suspect, and it feels like your civic duty to respond.  Maybe you feel you have nothing to hide.  Maybe you feel that a bit of explanation might clear up some misunderstandings and avoid you the hassle of getting arrested.  Maybe waiting to get in touch with a lawyer would be inconvenient.  Maybe you are worried about the cost of retaining a lawyer.  These are all compelling arguments but they need to be weighed against the risks associated with talking to the Police, namely: you might inadvertently admit to having some involvement with the crime in question or to participation in some other crime.

Again, the best advice in any situation is DO NOT TALK TO THE POLICE without talking to your lawyer first.