What are my rights when dealing with police in Canada?

In most cases, you are under no obligation to answer any questions asked by the police. This is the your right to silence, or right to not self-incriminate. However, always maintain a friendly and polite attitude while dealing with an officer.

Can you refuse to show ID to a cop in Canada?

If you are operating a motor vehicle, police can legally stop you for any reason and ask for your license and vehicle registration, regardless of whether or not they believe you have committed a crime. Refusing to provide this information can lead to your arrest.

Do you have to answer the police in Canada?

If you are arrested, you have the right to remain silent. This means that you do not have to answer any questions asked by the police.

Can I record the police in Canada?

You have a constitutionally-protected right to film on-duty police officers.

Do Canadians have a right to film the police?

It is not a crime in Canada for anyone to photograph a uniformed police officer, as long as the photographer does not obstruct or interfere with the execution of their duties; and it is a violation of their Charter rights to prevent anyone from doing so.

legal advice on when you need to show ID to police in canada

Can I record a police officer?

You are allowed to film the police but it is an offence to obstruct them from doing their work. Keep your phone at a safe distance, don't push it in their faces and make sure they can still reach everywhere they need to.

Can you sue police in Canada?

If an RCMP officer injured you, damaged your property, or violated your rights, you may be able to sue the officer and the RCMP in civil court. Suing the police might lead to a settlement or judgment involving the payment of money.

Can police search your phone in Canada?

Recently, the Supreme Court of Canada in R. v. Fearon solidified the law in Canada regarding police searching suspect's cell phones, without a warrant, when they are arrested.

Can you take photos of police?

Yes you can! The events of the G20 march in London underlined the importance of media coverage at political protest. Despite some attempts to use terrorism laws to stop people taking photos of the police in action, the public are perfectly entitled to take their photo in most circumstances.

Can police search your car in Canada?

Police can search your vehicle if you give them permission, or they have a warrant, or if they find you in it committing an offence, or if they have arrested you. They can also search your vehicle if they have reasonable grounds to believe that there may be illegal drugs, alcohol or weapons in it.

Do you have to give the police your name?

5. You DO NOT have to give your name and address unless the officer points out an offence he / she suspects you have committed. However, not providing your details may lead to you being detained for longer.

Can you stay silent during interrogation in Canada?

In Canada, everyone has the right to remain silent but it does not operate in the exact same way as in the United States. While no accused person in Canada can be forced to testify at their own trial, if an accused decides to testify then they must answer all questions asked of them.

How long can the police detain you?

Generally, the standard time the police can hold you for is 24 hours until they will need to charge you with a criminal offence or release you. In exceptional circumstances, they can apply to hold you for longer, up to 36 or 96 hours. This is usually if you are suspected of more serious crimes such a murder.

Do I have the right to remain silent in Canada?

The right to remain silent is one of the easiest and most important Canadian legal rights that you should remember and practise if ever the need should arise. This legal right is located in Section 7 of the Charter of Rights and Freedoms.

Can police question you after you ask for a lawyer?

Being questioned without legal advice

Once you've asked for legal advice, the police can't question you until you've got it - with some exceptions. The police can make you wait for legal advice in serious cases, but only if a senior officer agrees.

What are my Rights in Canada?

Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice. Section 7 guarantees the life, liberty and personal security of all Canadians.

Can you refuse to have your fingerprints taken?

If you refuse to give your fingerprints (and the police have 'reasonable suspicion'), they have the power to take fingerprints without consent, or to arrest you for the offence you are suspected of, and take you to the police station.

Can I film a police station?

There is no law stopping anyone filming in a public place, so if you are on the streets you can film without asking permission. However, under Section 58A of the Terrorism Act 2000, police officers can stop you from filming them if they believe that the video will be used for purposes of terrorism.

Can police take my passport?

2.15 We accept that the Government has demonstrated the necessity for a power to seize travel documents, including passports, in circumstances not covered by existing powers, in order to prevent travel and to facilitate investigation by the police with a view to possible further action being taken, including the ...

Do I have to unlock my phone for police?

THE ANSWER. No, the police can't require you to unlock your phone without a search warrant. But even when police have a warrant, some courts have ruled that your cellphone password is protected by the Fifth Amendment and you cannot be compelled to share it.

Can police take your phone without permission?

Typically, no, unless the police use legal search powers. For example, the police may use a piece of law called Section 49 of the Regulation of Investigatory Powers Act 2000 (RIPA) which makes it an offence if you refuse to provide access to your phone.

Can police read text messages Canada?

The ruling recognized that text messages are a type of private electronic communication, so police need to meet a higher standard when seeking a judge's permission to access them than simply asking for a routine search warrant.

What constitutes police harassment in Canada?

Criminal harassment, more commonly known as stalking, can be defined as harassing behaviour including repeatedly following, communicating with or watching over one's dwelling home. This sort of behaviour is against the law. It is not a sign of love; it is about power and abuse.

Who investigates the RCMP?

The Civilian Review and Complaints Commission for the RCMP (CRCC) is an independent body that reviews complaints about police officer conduct and may provide recommendations for RCMP policies and practices. With nearly 20,000 police officers handling over 2.8 million interactions each year, complaints can be expected.

How long do you have to make a police complaint?

There is no time limit on making a complaint. But note that if you do not complain within 12 months the police can decline to deal with your complaint unless you give them a good reason.