Know Your Rights in Canada: Interacting with the Police
- Katie Martin
- May 5
- 3 min read
During your time in Canada, it is likely that at some point you will interact with a police officer. Knowing your rights in this situation can protect you.
This series of posts provides a brief overview of some important things to know about various parts of the Canadian legal system. It is not a comprehensive guide, nor is it legal advice for any specific situation. If you need legal advice, you should contact a lawyer or a community legal clinic (CLC). CLCs offer free legal advice for low-income people and people who may have other barriers to accessing legal help.
You can check Legal Aid Ontario to search for a CLC near you.
You can also call Pro Bono Ontario’s free legal advice hotline at 1-855-255-7256.
If you are not ready to talk to a lawyer about your specific situation, Steps to Justice has answers to many legal questions and lists simple steps to take to resolve common legal issues.
Your Rights in Canada When Interacting with the Police
The police in Canada must follow strict rules when interacting with, arresting, or detaining a member of the public. They are legally required to identify themselves as police officers and show you their identification. They must also explain to you why you are being stopped, detained or arrested. They are allowed to touch you, but they cannot intentionally harm you, and they must tell you about your rights. You can find out more information about your rights when you are stopped, questioned or detained by the police from the Community Legal Education Ontario (CLEO). Remember that although being stopped by the police can be extremely stressful, remaining calm and polite will make the interaction go more smoothly.
If you are arrested, you have many legal rights. One of the most important is the right to remain silent. You must tell the police your name, address, and date of birth if they request that information, but you are not obligated to say anything else. You also have the right to speak privately to a lawyer. It is always a good idea to speak to a lawyer before you say anything to the police other than your name, address, and date of birth.
If you are confused or having trouble understanding the police or your lawyer due to a language barrier, you should ask for an interpreter. You have the right to legal advice in whatever language you are most comfortable speaking. If there is no lawyer who speaks your language available, you have the right to have someone interpret for you. Legal information can be very complex, and it is important that you fully understand all of the information your lawyer is giving you.
What Do I Do if the Police Did Something Wrong?
If you are seriously injured by the police, you can report it, and the incident that led to your injury will be investigated by an independent commission. If your rights are violated in any way, you can report that to Law Enforcement Complaints Agency (LECA). Again, these reports are investigated by a group that is independent from the police, to avoid bias.
Criminal Charges and Your Immigration Status
Criminal charges can affect your immigration status. Settlement.org has guides in several languages that explain what you should do if you are charged with a crime, and how it might affect your ability to remain in Canada.
If you are a Canadian citizen, you cannot be forced to leave the country, unless you lied or left out information on your citizenship application. However, if you are not a citizen, being found guilty of a crime may mean that you have to leave Canada, no matter how long you have lived here. That is why it’s extremely important for newcomers and immigrants to get legal advice as soon as possible if they are arrested or detained by the police.
Need help understanding your rights in Canada or finding legal support? We're here for you. If you're facing a legal issue or just have questions, email us at info@kababayan.org or register for our services so we can connect you with the right resources.
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