The police can question you at anytime. Usually you only have to tell them your name. Every situation is different. The information in this pamphlet is general and will not apply to all cases.

You have to tell the police who you are if:

• they see you commit crime
• they think you have committed a serious crime
• they think you may be someone they are trying to arrest

If you do not tell the police who you are in these cases, they may:

• arrest you to find out who you are
• charge you with obstructing a police officer

If you are not sure why the police are asking you questions, ask them. This may help you understand when it makes sense to answer.

If the police stop you while you are the driver or passenger in a motor vehicle, you must:

• tell them your name
• give them your driver’s licence and registration
• if there is an accident, give them a statement for the accident report

If you do not do this, you can be charged with an offence.

The police can search you if:

• you are under arrest
• they believe that you have illegal alcohol, illegal drugs or weapons
• you consent to being searched

A warrant is a legal form, signed by a judge, giving the police the power to do a certain thing. If the police have an arrest warrant they can arrest you by:

• showing you the arrest warrant, or
• telling you about the arrest warrant

The police can arrest you without a warrant:

• if you have committed a serious crime
• if they believe you have, or will commit a serious crime
• if they believe there is a warrant out for your arrest

If it is a less serious crime, the police can only arrest you without a warrant if they see you commit the crime and they need to:

• find out who you are
• stop you from carrying on with the crime
• stop you from destroying evidence
• make sure you will appear in court

The police can also arrest you without a warrant for some driving or liquor offences.

The police arrest you by taking you into their custody. The police must:

• identify themselves as police officers
• tell you that you are under arrest
• tell you why you are being arrested
• make it clear to you that you are not free to leave.

Police cannot use force to arrest you unless you resist them. Then they can only use as much force as is reasonable needed.

"To be charged" means the police are formally accusing you of committing an offence.

The police can charge you with a crime without arresting you. If they do arrest you, they can charge you and then release you.

If you are charged but not arrested or you are released after being charged, the police will give you an appearance notice or a promise to appear. These are legal forms that say:

• when and where you must appear in court
• if and when you must go to the police station to be photographed and fingerprinted

If you do not appear in court or report to the police station when you are supposed to, you can be charged with a crime known as "failing to appear".

If you are arrested without a warrant, the police will keep you in jail if they thing it is the only way to:

• find out who you are
• stop you from carrying on with the crime
• stop you from destroying evidence
• make sure you will appear in court

If the police keep you in jail they must bring you before a judge or justice of the peace:

• as soon as possible, or
• within 24 hours

The judge will decide whether or not to release you and on what conditions.

Criminmal charges are very serious no matter the nature of the charge.  A lawyer can help you understand your rights and assist you with evaluating and defending the case or potential sentence.  If you have been arrested, you have a right to a lawyer and should talk to one. A lawyer can:

• make sure your legal rights are protected
• advise you on whether you should make a statement to the police
• help you get released if the police are holding you in jail

If you are charged, you have a right to know the reason you are being charged.

That is:

• you must be informed of your right to a lawyer, without delay
• you must be informed of your right to call duty counsel to get free legal advice over the telephone
• you must be informed of Legal Aid
• you must be given a reasonable chance to get a lawyer
• the police cannot limit you to one phone call if you are trying to call a lawyer

If you have been charged with a serious offence the police can photograph and fingerprint you before your lawyer gets to the police station.

This means that:

• you must give the police your name
• you do not have to answer any more questions
• you do not have to give the police any kind of a statement, in writing or otherwise

Anything you say at any time can be used in court against you. It is very important to talk to a lawyer before saying anything to the police.

If you are between the ages of 12 and 18 years, you also have these extra rights:

• the right to talk to a lawyer, parent, guardian or other adult before saying anything to the police
• the right to have this adult there if you make a statement to the police
• the right to have your rights explained to you in language you understand
• the right to have a parent or guardian notified of your arrest

If you think that you are being arrested or searched illegally

• do not try to resist
• tell the police that you do not agree with the arrest or the search

If you resist arrest or search, you could be charged with obstructing the police or resisting arrest.

If you think the police are not respecting your rights

• try to stay calm
• tell the police that you do not agree with the way they are treating you
• get their names or badge numbers

If the police treat you badly, you should

• see a lawyer right away
• call the local municipal Police Commission or the RCMP Public Complaints Commission (1-800-661-3601)

Copyright (c) 2006 Dimnik & Company*
*Registered trade name of Michael J. Dimnik Prof. Corp