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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)
“Why am I being held?”
Say, loudly, “I do not consent to a search”
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
Police can always search you if you consent (so be loud about the fact that you don't)
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
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)
Detention
You must stop if police are detaining you
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
- 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 must carry ID when on duty and present it when asked
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