Can I provide a statement to the police that is “off the record”?

By Last Updated: March 16, 2022

There is no such thing as providing a police officer a statement that is “off the record.” While some statements given to the police before you are given your right to counsel may not be used against you in trial, anything you say to a police officer is potentially “on the record.” That is, anything you say to a police officer, at any time and by whatever means (e.g., over the phone, in person, via email), can be used to build a criminal case against you. It does not matter how informal the remark is. It is advisable, therefore, that until you have spoken to legal counsel, you do not make statements to the police, even if they say it is “off the record” or an informal statement.

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Michael Oykhman

Managing Partner

Michael Oykhman is a senior lawyer and founder of Strategic Criminal Defence, a full-service criminal law firm with central law offices across Western Canada and Ontario.

My professional experience consists of countless court appearances and thousands of successful defences and satisfied clients. Over the last 10 years, I have worked to build a law office where all the lawyers share our collective experience, resources, and passion to help people. Our team approach to legal representation is client–rather than only law–centred. We look for opportunities to add value to our clients through strategic thinking and creative solutions.

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