Police

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Law

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Arrest and detention in Canada

Summary

Do not talk to cops

It can be illegal to lie to a cop, but it's OK to be silent (outside of name/address/registration stuff)

If a cop talks to you, ask if you're free to go. If yes, then leave. If no, figure out whether you're detained or arrested

“Why am I being held?”

Say, loudly, “I want to speak to a lawyer.”

Generally, police cannot stop you, search you, or force you to answer questions

Police can always ask you questions, but you have no general obligation to answer them

Ask, “Am I free to go?” if you aren't sure. If yes, then leave. If no, then you're either detained or arrested

Wrong place

Police can search you if they find you in a place where they are searching for drugs and they have reason to believe that you have drugs on you.

Driving

If you are driving, you must provide your name, address, and registration when police ask

Passengers do not have to provide any information about themselves

If you are in a car where people are transporting or drinking alcohol illegally, police can search you

If you are cycling and break a bylaw, you must provide your name and address when police ask

Breaking a law

You must give your name and address if police find you breaking any law (including e.g. city bylaws)

If detained for a bylaw offence, you must give the officer the information necessary to fill out the ticket

Detention

You must stop if police are detaining you

You do not have to provide any information about yourself

Police can frisk you, but only for weapons and only if they reasonably suspect you are armed

Police can detain you briefly for investigative purposes (Simpson)

Must have articulable cause, reasonable suspicion
Must be connected to a particular crime and must be necessary to detain you to determine whether you were involved in that crime
Must tell you of the reason for detention

Arrest

You must provide your name and address when arrested

Police can search your body and possessions

Charter s. 10

  1. Everyone has the right on arrest or detention
    a. to be informed promptly of the reasons therefor;
    b. to retain and instruct counsel without delay and to be informed of that right; and
    c. to have the validity of the detention determined by way of habeas corpus and to be released if the detention is not lawful.

Private security

Private security guards have no special powers in Canada. They can call the police, or perform a citizen's arrest in the same circumstances as anyone else, but that's it

Private security guards must carry ID when on duty and present it when asked

BCCLA Arrest Handbook