Your Rights
Your Rights Under the Canadian Charter of Rights and Freedoms
The Canadian Charter of Rights and Freedoms, which is a part of Canada's Constitution, outlines your rights and the limitations on police authority. Some key rights include:
– The right to remain silent and not incriminate yourself;– Protection against unreasonable searches or property seizure; – The right not to be detained or imprisoned without just cause; – The right to be informed of the reason for your arrest or detention; – The right to speak with a lawyer if you are arrested or detained; – The right to be informed of your right to legal counsel.
Interacting with the Police
Police officers are allowed to engage in conversation with anyone, but be aware that their questions may be aimed at finding a reason to detain or arrest you. If you prefer not to speak with the police, you can ask, “Am I free to go?” If the officer says “yes,” you are not obligated to continue the conversation and may leave. If the officer says “no,” you are being detained.
Driving a Vehicle
Your rights differ slightly when operating a vehicle. For instance, an officer can stop you without specific reason to check for your license, sobriety, vehicle fitness, and registration. You are required to provide identification and your name and address when stopped. In the event of an accident, you may be asked to provide a statement to the police.
Vehicle Searches
Police cannot search your vehicle without just cause. An officer may only search your vehicle under these circumstances:
– You give the officer permission to search the vehicle; – The officer has reasonable grounds to believe you have committed a crime (e.g., the smell of drugs or alcohol in the vehicle); – You have been arrested, and the search is related to the arrest; – The officer has a warrant to search your vehicle.
If an officer requests to search your car, you have the right to refuse.
Being Detained by Police
If you are detained, you have the right to know the reason. You may ask the officer why you are being detained. To detain you, the officer must have reasonable grounds to suspect your involvement in a crime. You have the right to remain silent, except when driving and required to provide an accident report. You can inform the officer, “I want to remain silent.” The officer may conduct a quick pat-down search to ensure you are not carrying weapons.
Arrest
If you are being arrested, you have the right to know the reason for your arrest. The officer will inform you of your rights, including the right to speak to a lawyer. The officer may also state, “You do not have to say anything. You have nothing to gain from any promises or favours and nothing to fear from any threats, whether you speak or not. Anything you do say can be used as evidence.”
Police Interrogations
When being questioned by police at the station, remember these key points:
– Police are allowed to lie to you, including about the evidence they have, though there are limits to their deception; – You have the right to remain silent and are not obligated to provide a statement, whether at the station or in your vehicle, with certain exceptions; – You have the right to legal counsel, but you must actively exercise this right. Request to speak to a lawyer and contact one as soon as possible. You may be given the option to speak with a legal aid lawyer.