Frequently Asked Questions

 

What should I do if I get arrested?

Go with the police: do not fight them or run away. Tell the RCMP that you want to call a lawyer. They can help you call a lawyer who can tell you if you should talk to the police and can help you get released from jail.

You do not have to talk to the police at all, except to tell them your name. You do not have to answer their questions or give any statements. Anything you say can be used in court against you, so it's important to talk to a lawyer before you talk to the police.

Never lie to the police. However, depending on the situation, it might be best for you to not talk to the police about what happened. Your lawyer can tell you what to do.

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When can the police arrest me?

The police can arrest you if they have a legal form called an "arrest warrant". If a judge has signed this form, the police can arrest you by showing it to you or telling you about it.

The police can arrest you without a warrant if you have committed a serious crime or if they believe you will commit a serious crime. If it is a less serious crime, they can arrest you without a warrant if they see you commit the crime and they need to:

  • find out who you are,
  • stop you from committing the crime,
  • keep you from destroying evidence or
  • make sure you will go to court.


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Can the police keep me in custody?

Yes, in certain situations.

In many situations the police will charge you and then release you on a "promise to appear" or an "undertaking", which may have certain conditions for you to follow.  If the police do not agree to release you, they have to arrange for a court appearance called a "show cause hearing" before a justice. The justice may set "conditions", meaning that you have to do certain things to be allowed out of jail. For example, you may have to agree to stay away from a certain person.

If the police give you papers that say you have to go to court at a certain time, you have to go. If you don't go to court at that time, you can be charged with a crime called "failing to appear", and you can be arrested and put in jail until your trial.

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What if I am younger than 18?

The rules are a bit different if you are younger than 18. It is a good idea to call your parents and have them come to the RCMP detachment. You can call both a lawyer and your parents: you do not have to choose between them. If the lawyer tells you that you should talk to the police, your parents can be there while you talk to them.

If you don't want to call your parents, the RCMP can call them for you.

A law called the Youth Criminal Justice Act applies to people under the age of 18 who commit crimes. For more information, click here.

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How do I apply for Legal Aid?

Legal Aid provides legal advice and representation to people who can't afford to pay for the whole cost of a lawyer. It  pays for criminal cases and family law cases for people who meet the financial requirements. It does not pay for most other types of legal services. 

To apply for legal aid, contact your local court worker. He or she can take your application and give you information about the justice system.

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What do I do if a crime happens to me?

Crimes can be very frightening and change your life a lot. Remember that what you are feeling is normal.

 Until then, there are things you can do to make life easier.

  • If you’ve been hurt, go to the health centre or hospital right away.
  • Call the police and report the crime.
  • Talk to friends and family members about what happened. You  might also feel better if you talk to a counsellor.
  • If you’re scared to stay by yourself, ask someone to stay with you or  move in with a friend or family member.
  • Remember to eat and try to get lots of sleep. Sometimes exercise can make you feel better and help you deal with stress.
  • Ask the police to do a security check on your home and talk with you about how you can protect yourself.
  • If the stressful feelings don’t go away, talk to your doctor or nurse.  


The Victims of Crime Emergency Fund is a time-limited program designed to provide limited financial assistance to help victims of serious violent crime with emergency needs.

You may want to write a Victim Impact Statement. It tells the court how a crime affected you.

The new sexual assault book (En Français) is for teenagers who have been sexually assaulted.

Your local victim services worker can help you.

For more information about victim services, visit the Department of Justice's website.

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What if I have to testify in court?

If you get papers telling you that you have to go to court to tell your story, that means you are a witness. You have to go.

There are special rules when a witness is under the age of 18. For example:

  • You can have a friend sit next to you while you tell your story.
  • In certain situations, you can tell your story on videotape from a different room.
  • The accused person can’t ask you questions directly. He or she will have a lawyer who might ask you questions.


There are other things that can make it easier for people of any age to testify. This fact sheet has more information about them. Talk to the lawyer who sent you papers if you think any of these things would help you to tell your story. The lawyer’s name is on the papers that say you have to go to court. The judge will make the final decision about what can happen in your case.

The Department of Justice has produced books about how to testify in court:


Your local victim services worker can help you.

For more information about victim services, visit the Department of Justice's website.

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What's an Emergency Protection Order?

Emergency Protection Orders help protect victims of family violence who, because of the serious or urgent nature of their situation, require assistance without delay. Sufferers of family violence can apply for an order at any time of the day or night, either by contacting their local RCMP or by calling 1-866-223-7775. The RCMP and Family Violence Counsellors at the YWCA Alison McAteer House are designated and trained to assist people in applying for these orders. For more information, visit the Department of Justice's website.

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What's the Youth Criminal Justice Act?

A law called the Youth Criminal Justice Act applies to people under the age of 18 who commit crimes. For more information, click here. 

If you are under 18  and are arrested, it is a good idea to call your parents and have them come to the RCMP detachment. You can call both a lawyer and your parents: you do not have to choose between them. If the lawyer tells you that you should talk to the police, your parents can be there while you talk to them.

If you don't want to call your parents, the RCMP can call them for you.

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What is child support?

Child support is the amount of money one parent pays to another for the financial support of a child. 

A child has the right to financial support. Parents have a joint financial responsibility to maintain the children of the relationship.

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What are the Child Support Guidelines?

The Child Support Guidelines make sure the treatment of children is fair and that parents in similar circumstances pay (or receive) the same basic amounts of child support. The Guidelines are based on studies of the average costs of raising children. They are a set of rules and tables for calculating the amount of child support parents should pay so that children continue to benefit from the financial means of both their parents after separation. 

The Guidelines are also intended to reduce conflict and tension between parents by making child support calculations fairer, more objective and by encouraging agreement between parents. If you know in advance  what your child support amount will likely be, it may be easier for you and the other parent to agree on what should be paid.

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What if the other parent does not pay the support the court has ordered?

Contact the Maintenance Enforcement Program. They can help you.

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What are my responsibilities and rights as a parent and spouse?

If you are married or in a common-law relationship, certain laws apply when you separate and no longer live together as a couple. Under these laws, your legal rights and responsibilities may continue after the relationship is over.

When separating, you and your spouse need to make decisions on a number of important things, including:

  • custody and access (where your children live and who makes decisions); 
  • division of property (how the things you own together are divided); and 
  • what child and spousal support may be paid (money paid from one spouse to another).  


Information about your responsibilities and rights is available on the Department of Justice's website. The Family Law Guide provides information about the most common family law issues in the NWT.

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What about custody and access?

When parents separate, they have to decide where their children will live and who will meet their day-to-day needs. The legislation that helps parents resolve these issues are the Children’s Law Act and the Divorce Act.

There are a number of options for parents, including sole custody, joint custody, shared custody, and split custody.
 
More information is available on the Department of Justice's website. The Family Law Guide provides information about the most common family law issues in the NWT.

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