Your rights are not optional
Know where you stand
When you are dealing with police, a court file, or a civil dispute, it helps to know that you still have rights. Those rights do not disappear because things are stressful, confusing, or moving quickly.
Whitehorse Law has compiled this page to give a helpful overview of some important legal rights existing in the Yukon in plain language, but if you are facing criminal charges or a civil dispute we recommend you consult with an experienced lawyer.
Your rights
Your Rights in a Criminal Case
If you are arrested, investigated, or charged, you have the right to know why police are speaking to you and what they are alleging. You also have the right to remain silent and to speak with a lawyer before answering questions in most situations.
You do not have to help the police build a case against you. You can be polite and still protect yourself by saying you want legal advice before making a statement.
You also have the right to be told about the conditions of your release or bail in plain terms. If you do not understand a no-contact order, curfew, weapon restriction, or other condition, you should get clarification right away.
Your Rights if Police Search or Seize Things
The RCMP may sometimes search a person, vehicle, home, or phone, but that does not mean every search is valid. In many cases, the law requires a proper legal basis before police can search or take property.
If evidence was gathered in a way that was unfair, unlawful, or excessive, that may matter in your case. The details matter, especially in impaired driving, drug, assault, and firearms files.
Your Rights in Court
You have the right to be treated fairly, and to know the case against you, and to respond to it. In criminal matters, that usually means getting disclosure and having a real chance to review it before making important decisions.
You also have the right to attend court, have your say, and have a lawyer speak for you if you choose. If you do not have a lawyer, the Judge is required to give you extra help and guidance (while still being neutral). If you do not understand what is happening at a hearing, you should ask for it to be explained in plain language.
In civil disputes, you also have the right to know the claim being made against you and to respond within the required deadline. Missing a deadline can create serious problems, even if you disagree with the claim.
Your Rights in a Civil Dispute
If someone sues you, demands payment, or seeks a court order, you have the right to understand the claim and the chance to answer it. You are not expected to accept someone else’s version of events without question.
You also have the right to seek legal advice before signing anything, agreeing to a settlement, or giving up a claim. In many cases, a rushed decision can create bigger problems later.
If a dispute involves money, property, reputation, or an agreement, you may be entitled to challenge the facts, the amount claimed, or the legal basis for the demand.