What are my rights when stopped, ID’d, or questioned by police in Canada?

Question from Zed, What are my rights when stopped, ID’d, or questioned by police in Canada?

Answer from AI:

In Canada, the police have certain powers to stop, identify, and question individuals. However, you also have rights that protect you during these interactions. It’s important to understand both the police’s powers and your rights to ensure you’re treated fairly and lawfully.

Police Powers

The police have the power to stop and question you under certain circumstances. These powers are derived from various laws, including the Criminal Code of Canada and provincial legislation like Ontario’s Highway Traffic Act.

• Stop: Police can stop you if they suspect you’ve committed a crime, are currently committing a crime, or are about to commit a crime. They can also stop you for a traffic violation if you’re on an e-bike.
• ID: If you’re stopped for a suspected crime or traffic violation, police can ask for your identification. In some provinces, you’re required to provide your name and address.
• Question: Police can ask you questions. However, you’re not always required to answer. The exception is if you’re driving; you must answer questions about your driving.

Your Rights

You have rights under the Canadian Charter of Rights and Freedoms during interactions with the police.

• Right to silence: In most situations, you have the right to remain silent. This means you don’t have to answer any questions the police ask you, except for providing your name and address in certain situations.
• Right to legal counsel: If you’re detained or arrested, you have the right to speak to a lawyer without delay. The police must inform you of this right.
• Protection against unreasonable search and seizure: The police can’t search you or your belongings without a valid reason or your consent.

Lesser Known Rights

There are also some lesser-known rights that you have during interactions with the police.

• Right to ask if you’re free to go: If you’re not under arrest or being detained, you have the right to ask if you’re free to go at any time.
• Right to record: In most situations, you have the right to record your interaction with the police, as long as it doesn’t interfere with their duties.

Remember, this information is a general guide and may not apply to every situation. Laws can vary by province and specific circumstances. If you’re unsure about your rights or feel they’ve been violated, you should consult with a legal professional.