The Police and Your Rights

The Charter of Rights and Freedom provides that:

1. It is your right not to be held in custody or stopped by anyone from moving about
2. Police cannot go against this right
3. Police are able to talk to anyone that they like, like any other citizen. But you have the right to remain silent and are not obligated to tell them anything. This does not apply if you have been stopped while driving a vehicle.
4. If a police officer stops you, you can ask them if you are free to go. If they say “yes” then you can go. If they say “no” then you are being detained.
5. If the police want to detain or arrest you, they must:
   1. have an arrest warrant,
   2. have reason to suspect that you have committed an offence, or
   3. have reason to believe you are about to commit an offence
6. If you are driving a vehicle, the police can stop you, search your vehicle, or ask to check your breath for alcohol.
7. If the offence is not serious, the police can charge you with the offence and let you go.
8. If you are to go to court, you will receive a document called “APPEARANCE NOTICE,” and also a Fingerprinting
9. You must attend court whenever you are charged with an offence
10. If you fail to appear in court, you will be charged with ‘’FAILING TO APPEAR’’
11. The police must inform you of the reason(s) for your arrest, unless you were caught in the act of committing the offence
12. The police must inform you if the reason/s for your arrest changes at any time
13. In a case of a serious offence, the police can detain or arrest you
14. If you are arrested, the police must inform you of your right to speak to a lawyer and have them handle your case
15. The police must provide you with the means of contacting a lawyer, including letting you use a telephone
16. If you cannot pay for the services of a lawyer, the police must tell you about the free legal services available and provide you with their phone number
17. The police must be reasonable to allow you choose and speak to a lawyer of your choice
18. The police must allow you the use of a telephone and when you are speaking to your lawyer, they must give you some privacy
19. Unless and until you have a good opportunity to speak to a lawyer of your choice, the police cannot ask you questions or attempt to gather evidence from you
20. It is only after you speak to your lawyer that the police may continue with their investigation
21. Even where the police want to gather evidence after you speak to your lawyer, you have the right not to talk to the police or say anything about your involvement in any offence
22. You can waive your right not to speak to a lawyer and tell the police that you do not want a lawyer
23. The waiver not to speak to a lawyer must be voluntary and understood by you
24. If you are detained and you believed it was without good or legal reasons, you have the right to be quickly brought before a judge and ask for your release
25. If the court finds that your detention is not lawful, you have a right to be released immediately
26. You have a right to be given reasonable bail
27. For a bail to be refused, the crown prosecutor must prove to the court that
    1. you may not likely appear on your court dates or
    2. you may commit a crime if you are allowed to leave
28. If you are arrested for a drug offence, you must prove to the court that if you are released that
    1. you will not commit other crimes
29. You will return to court on your next adjourned date you will obey all the conditions attached to your release