KNOW YOUR RIGHTS WHEN YOU ARE STOPPED BY THE POLICE
Introduction
It can be a very intimidating experience when you are stopped by the police. The police have an enormous amount of authority when interacting with the public. It is important to understand your rights when you are stopped on the street by a police vehicle.
What are the reasonable grounds for the police stopping an individual on the street?
Police can stop and ask individuals to identify themselves. They generally do so in the following situations:
- To look into suspicious activity such as impaired driving or illegal drugs in the car
- Gathering intelligence such as your vehicle registration details
- Investigating criminal offence activity
- Suspecting you have been part of criminal activity
What are my rights when I am stopped by police in the street?
Your rights are governed by the Canadian Charter of Rights and Freedoms and can be generally found in Section 7-10 (equality rights, search and seizure rights, detention rights and rights to counsel). In addition, there are questions you are allowed to ask the police officer who has stopped you on the street to inform yourself of the reasons for the stop.
You do not have to identify yourself or answer questions unless you’re being detained or arrested. You can ask, “Am I free to go?” If the officer says yes, you can leave. If detained, you have the right to remain silent and the right to a legal aid lawyer.
What should I do if I am stopped by the police?
- Stay calm and cordial for safety concerns
- Remember you are entitled to ask the reason you have been approached
- Do not consent to a search without a search warrant
- Exercise your right to remain silent on reasonable grounds
- Do not provide identification documents unless you have been arrested
What should I keep in mind?
- You can ask why you are being stopped for a street check.
- You can ask for the police officer’s name and badge number, who is asking for your driver’s license.
- Section 7: The right to remain silent. You are not obliged to answer their questions.
- Section 8: The right to be protected from unreasonable search and seizure.
- Section 9: The right not to be detained arbitrarily unless they have grounds to believe you were involved in a crime and are investigating. This means you are free to walk away.
- Police can do a pat-down search for weapons if they detain you.
- You can record police in public at a traffic stop as long as you don’t obstruct them.
What is Carding?
Carding was a common practice by police in which they asked for identifying information. Although it is considered “random”, it was linked to racial profiling. Officers made decisions to card individuals on the following factors:
- Being present in a high-crime area
- If the person “Falls within a broad or vague race-based description”
- If the individual avoids police interaction while having the legal right to do so
- If the individual has refused police questioning while having the right to do so
Subsequently, the data on carding revealed that Black people in Toronto were 3.47 times more likely to be stopped than White people. The overrepresentation of Black people in carding practices during police pull over procedures was cause for concern, leading to tighter regulations and protection of rights.
What is REG. 58/16?
The Ontario provincial government enacted Regulation 58/16 which regulates the collection of identification documents by police officers. This practice, known as Carding is prohibited in Ontario. Police cannot arbitrarily demand a person at a traffic stop to provide identification documents without legal grounds.
Despite this regulation in place, the Ontario Human Rights Commission sought further amendments be made as this was unchartered territory and the first regulation, although helpful, was not enough.
In 2024, this regulation was revoked. It paved the foundation for protecting individual rights against street checks by police often due to unfair circumstances and demanded stronger regulations be put in place to protect the rights of individuals stopped on the street.
Frequently Asked Questions
Can the police stop me without a reason?
No, the law sets out specific reasons that the police must have for stopping an individual on the street. This includes investigating suspicious activity, investigating a crime that has been or could be committed and/or gathering intelligence.
Do I have to show ID if asked?
No. When stopped on the street, you do not need to provide identification unless they believe you are involved in a crime and have laid out their grounds leading to arrest.
Can the police search me?
The police cannot search you unless you’ve consented to the search or they’ve arrested you to prevent crimes.
Need Legal Assistance? Meet Our Criminal Lawyer in Mississauga
If you are facing a legal issue and require experienced counsel, our team at Virk Barristers is ready to assist. We specialize in providing comprehensive legal solutions tailored to meet the unique needs of each client. Contact us today to schedule a consultation for free advice and allow us to guide you through the legal process.
Disclaimer:
It is important that you consult with an experienced criminal lawyer when facing charges. The information provided on this blog is for general informational purposes only and should not be construed as legal advice. Reading, accessing, or using any information on this blog does not establish an attorney-client relationship. The opinions expressed in this blog are those of the individual authors and do not necessarily reflect the views of any law firm, organization, or entity with which they are affiliated. We do not make any representations or warranties about the accuracy, reliability, or completeness of the information on this site.
Author Profile
- Mr. Suny Virk is a reputable criminal defence lawyer in Mississauga focusing primarily on criminal law matters of clients. Mr. Virk has been awarded with the Certificate of Merit Award in Advocacy. Now, he wants to impart his knowledge and wisdom to other people who may be struggling with the Canadian legal system to serve his community.
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