In Canada, police officers reserve the right to stop citizens in order to maintain the safety of their communities. However, the average individual doesn’t understand their civilian rights when it comes to dealing with these situations.
Here is everything you need to know when it comes to defending your rights if the police stop you on a seemingly average day:
“Police officers can stop you under three general circumstances:
- If they suspect that you have committed a crime.
- If they see you committing a crime.
- If you are driving.
If the police do not arrest you or if they do not have grounds to detain you, they must let you be on your way. To find out if you are under arrest or detention, politely ask the officers, “Am I under arrest?” If they say yes, you can ask why.
Alternatively, you may ask the officer “Am I free to go?” and if the answer is no, ask “Why not?”
Do I have to answer their questions?
The police are allowed to approach you and ask you questions. In most cases, you do not have to answer their questions if you don’t want to. However, it is always a good idea to be polite. If you have been involved in a car accident, and the police ask you questions about the accident, you could be charged with an offence if you do not provide any answers.
If you are detained by the police, they must inform you that you can talk with a lawyer and provide you with an opportunity to do so. It may be a good idea to not answer questions from the police until you have spoken with a lawyer. Anything you say to the police could be used as evidence in court. Under some circumstances, statements that you are required by law to provide, such as accident reports, cannot be used against you, but this rule is not absolute.
What if the police ask who I am?
If stopped by the police, they will likely ask for your name and address. They may also ask you for identification. In most cases, you are not required to provide this information. However, if you lie about your name or address you may be charged with obstructing justice or obstructing the police.
If you are stopped while driving, the police may ask to see your driver’s licence, car registration and insurance. You are required to provide this information, and if you fail to do so you may be charged with an offence. If you are riding a bicycle, and the police see you commit an offence (such as failing to stop at a red light), they can stop you. If asked, you must provide your name and address to the police in these circumstances. They can arrest you if you refuse to do so.”
If you are currently seeking legal counsel after being stopped by the police, contact us today at CBLAW so we can begin reviewing your case.