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DannyDOH

Charter of Rights and Freedoms.  Sections 7-10 are particularly relevant to law enforcement.


WavertonEstates

Some other folks have mentioned the Charter, which is good. The Canadian Civil Liberties Association also has a guide setting out your rights during interactions with police in plain language. This is in my view a reputable and reliable source. https://ccla.org/wp-content/uploads/2021/07/Know-Your-Rights-Booklet.pdf


HotIntroduction8049

never speak aside from giving your identity and also never allow them to search anything when they ask you for permission. Sometimes they will have a right to search you based on circumstances without your consent, but never say yes.


FappingVelociraptor

Also, never speak to cops without a lawyer present. Doesn't matter if you're innocent or guilty.


Iamdonedonedone

Even if you are a victim. Because they can twist things and accuse you of making something up. I turned in a wallet to the WPS once, and a month later they came after me for stealing it. Now if I find something like that, I left someone else deal with it, not even touching it


FappingVelociraptor

Exactly. Not all cops are out to get you, but how do you differentiate between the good and bad ones if they all look the same.


CangaWad

In Canada you don't have a positive right to have a lawyer present, and do in fact have a legal responsibility to cooperate with an officer conducting an investigation. The best thing to say when being interrogated is that you're not sure or that you can't remember unless you're absolutely positive what you're saying is 100% true and cannot get you in trouble. IE a rock solid alibi


FappingVelociraptor

I see. I thought the laws on being interrogated or questioned by cops are the same as the US. The more you know! Thanks!


CangaWad

Not quite. We don't have the 5th amendment here in Canada. We have section 13 which is similar, but doesn't prevent you from bowing out directly. It is more specifically designed to protect people who are witnesses rather than those being accused directly. The charter is not particularly complicated to be honest, and should give it a passing read if you're interested specifically in what rights you're entitled to. [https://www.canada.ca/en/canadian-heritage/services/how-rights-protected/guide-canadian-charter-rights-freedoms.html#](https://www.canada.ca/en/canadian-heritage/services/how-rights-protected/guide-canadian-charter-rights-freedoms.html#) You're entitled to legal council once you've been charged, but not when you've been detained (as you are in the US)


FappingVelociraptor

I see. Thanks for the link! Is there a reason why you aren't entitled to legal council when you've been detained? (Does that mean the law won't provide you with one, or you can't hire legal aid when you've been detained? I could probably look this up instead of treating you as a legal wiki, but would be grateful if you did know the answer.)


CangaWad

haha and I'm not a legal wiki. It's just the way our system is set up. Until they charge you, you're not entitled to council; thats why its best to not say anything or tell them that you don't remember until they do charge you so that you can consult with a lawyer. TBH I don't know if the state will provide you with council if you cannot afford it in Canada. It sounds funny given the current state of affairs in the US, but historically the US has been extremely anti-police as police are almost always the arm which enforces authoritarianism; and the US was set up to be as anti authoritarian as possible. Obviously that is been eroded fantastically in the last 70 years or so ending up with possibly one of the most authoritarian regimes in history, but hey; the founding fathers expected their constitution would last 30 years; not 300.


ywg_handshake

Always remember [Shut the Fuck Up Friday](https://youtu.be/6EI_RYIEtrg?si=CavlRvdVkBXrk5__)


WpgMBNews

Unless you're behind the wheel of a car and they ask for a breath sample, Which they can now demand without probable cause, In which case a refusal is itself a crime.


FarCollar5699

Don’t even need to identify unless you’re driving or the suspect you of a crime.


CangaWad

You do need to identify if you're being suspected of committing or witnessing to a crime.


FarCollar5699

I literally said that


CangaWad

witness was the point of differentiation.


majikmonkie

Also, you do not have to give your driver's licence unless you're the driver of a vehicle or are being charged under the HTA. In some cases it's better for passengers or non-drivers to give something else for ID, so you aren't identifying yourself to be charged under the HTA. I've only heard this, so that could be some US thing, but it could make sense here as well.


Timmmber4

Rule #1. Keri your mouth shut. You don’t need to talk to them without council present. You may have to identify yourself but that is it. They will try to “just ask a couple question” which can and will be used against you, before you are ever read any sort of rights. Even if pulled over while driving you must produce documentation, and blow a breathalyzer if asked, but you do not need to answer questions.


TerracottaCondom

Less about your rights, and more about the "rights" of police, so still very valuable in knowing what you or they can get away with. https://www.policepowers.ca/


randomanitoban

https://www.thebikinglawyer.ca/post/cycling-police-guide Here's a guide to police interactions for people on bikes but applies generally and echoes what others have said.


CraziestCanuk

You will be MUCH better off being polite as possible and cooperating with them as opposed to trying to pull the "I know my rights you can't do xx" argument which will escalate any situation you are in and can inadvertently lead to you in a cop car. http://www.winnipegcriminaldefencelawyer.ca/your-rights


uly4n0v

You can know your rights and still be polite with police. In fact I would advise both of these things because at the end of the day, whether it’s legal, or moral or neither, they have guns, handcuffs and the power to make your life extremely difficult. That said, knowing things like that it is totally legal to film an officer as long as you’re not obstructing their duties can be crucial to ensuring a bad interaction with cops doesn’t go unreported.


DudeFixYourAttitude

Thanks! Obviously my default is to be polite, just interested in learning how they differ from where I came from! Also you never know if the cop is lying or not, so it's nice to know what I'm compelled by law to do.


uly4n0v

You can know your rights and still be polite with police. In fact I would advise both of these things because at the end of the day, whether it’s legal, or moral or neither, they have guns, handcuffs and the power to make your life extremely difficult. That said, knowing things like that it is totally legal to film an officer as long as you’re not obstructing their duties can be crucial to ensuring a bad interaction with cops doesn’t go unreported.


ConsequenceLiving261

Are you a cop? What a shit answer. Know your rights.


AFriendlyFYou

Not sure about them, but I am not a cop. What I do know is that cops have a lot of discretion. And you being polite and cooperating with them in simple interactions (ie when you are not being accused of committing a serious crime) goes a long way. Years ago when my friend was very intoxicated outside a bar after it closed. The police ended up showing up and tried to find a friend or family member to get her home safely and her decision was to not cooperate and tell them to fuck off. Off to the drunk tank she went. The irony is she was not an aggressive person or even an aggressive drunk person. But she did have the similar attitude that you never cooperate or be polite to the police, and also was vocal that all police are racists who are out to murder people of colour. And all it would have taken to avoid a night in the drunk tank was “can you please call my mom at xxx”.


chemicalxv

Something tells me the person you're replying to has the exact same attitude your friend did.


ConsequenceLiving261

Yep, drunk tank was a the right and legal action. Any other stories?


AFriendlyFYou

Suggesting that throwing a 21 year old girl in the drunk tank is better than having her mom pick her up when simply giving the police her phone number results in the latter option?? Can’t even hide the ACAB boot licking.


ConsequenceLiving261

What does 21 have to do with it?


ScaredDonuts

As if 21 years old's haven't killed families before driving drunk. They know better at 21.


AFriendlyFYou

Drinking and driving? Where did I suggest she was driving?? She was drunk outside a bar after it closed, had lost the group of friends she was with and was unable to get home safely on her own… hence the interaction with the police.


ScaredDonuts

You didn't. I don't see why she'd be arrested unless she was causing a disturbance.


AFriendlyFYou

She did not get arrested. She was put in the drunk tank.


CDN08GUY

It’s easy to just make shit up isn’t it?


ScaredDonuts

I don't think I made anything up. Just fucked up reading on my end.


ConsequenceLiving261

Oh, and that its a girl?...please explain.


CraziestCanuk

You're a clown, cooperating and being a polite human being and she's home in her own bed for the night... How does that ACAB boot leather taste?


CraziestCanuk

No I just have a modicum of common sense.. escalating a situation to prove your moral superiority is a BAD idea.. ask any defence lawyer and they will tell you the same thing, be polite and respectful in your interactions.


Iamdonedonedone

Be respectful to the police. But don't talk to them


CangaWad

exactly. Not answering questions or doing everything the police demand is not disrespectful


ConsequenceLiving261

I didt say escalate or prove moral anything. I said know your rights. Like they asked, what are their rights.


A100921

Username checks out, I know my basic rights, but I also know cops don’t have any body cams and have been known to get away with a lot. I’ve been pulled out and beaten by them, they don’t care. So while it’s good to know your rights, causing them to escalate the situation is also not a good idea.


One_Ad5301

You have rights so long as you choose not to exercise them.


okglue

Nah bro. Do NOT offer any information other than what's necessary. I gave an honest explanation for an accidental clerical error on my license and they used that to tack on two extra tickets that otherwise would not have been given. Just shut up, give them your ID, and answer all questions about your conduct with 'no comment', and otherwise be cordial with them.


Daywalker_27

You have the [Right To Remain Silent](https://youtu.be/6EI_RYIEtrg?si=b22c_Lw-Km4yJaPJ) use it


CangaWad

You do not have the right to remain silent in Canada.


GingaFloo

Not in those specific words, but you absolutely have the right to not say anything to the police, other than identifying yourself in most situations. Whether it's a good idea to do so, though, depends on a lot of factors. But you do effectively have a right to silence, and if you're being arrested then the police aren't even allowed to try to elicit any information before you have the opportunity to speak to a lawyer.


CangaWad

I don't believe police are obligated to let you consult with legal council unless you are a minor before you give testimony. I also believe that you are obligated to give your best recollection of events if you are suspected of or are a witness to a crime. Obviously they cannot compel you to do this in the sense that nobody can compel anyone to do anything else, but I do not think you can just refuse because you told them you don't feel like it.


Dapper_Fan_28

Asserting your rights isn’t being uncooperative


anon675454

bootlicker take.


aclay81

https://policestops-yourrights.ccla.org/what-rights-do-i-have-in-police-stops-and-interactions/


troyunrau

Jurisdictions matter. This advice may not apply.


aclay81

The page is formatted so that advice which is applicable canada-wide is at the top, and individual jurisdictions which have additional rules appear below.


cdn-Commie

I'm probably the biggest anti police person around.. but just do as your asked and save yourself a bunch of trouble... if your already thinking of getting your back up at the thought of being questioned, stopped etc.. that's not an anti police thing, that's just being an insufferable entitled Karen.


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uly4n0v

My grandpa was a cop for 30 years in Toronto and this is how he has always advised me to deal with police. Be polite. Don’t give any additional details. If you get uncomfortable, ask them directly if you’re being arrested or detained. If not, you can leave. If so, it’s time to get your lawyer.


AFriendlyFYou

These kinds of responses always make me laugh. Case in point, I drove through a check stop coming home from work this past winter. They asked me: - “where are you coming from?” [work] - “where is work?” - “where are you heading to?” - “did you have anything to drink tonight?” After our 30 second interaction they let me drive on through because they were obviously satisfied that I had not drank and driven. Now what would have happened if I said “no comment” in response to their questions, as you suggested. You know rightfully so I would have probably been told to pull in for further questioning and/or a sobriety assessment.


NetCharming3760

Are you white?


AFriendlyFYou

Nope


Daywalker_27

The [Right To Remain Silent](https://youtu.be/6EI_RYIEtrg?si=b22c_Lw-Km4yJaPJ)!


FarCollar5699

It’s simple. If you think it’s going to be an issue start to record. Unless they suspect you of a crime or you’re driving they can’t randomly stop and search you. Even if you’re driving you don’t have to disclose why you are where you are or where you’re going.


CangaWad

They can also detain you if they have reasonable suspicion you were witness to a crime.


Jealous-Problem-2053

Why are you having so many interactions with LEO that you need a how to guide?


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DudeFixYourAttitude

Who said I wasn't going to be normal or polite? Why do you sound offended by the fact that someone wants to know their rights?


Ok_Quantity9261

I think the wording of your post just comes off as an odd question.


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East_Requirement7375

"what are my rights?" is a weird question to you?


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NetCharming3760

Bro, you’re white, you’re not even aware you have rights. Because you have social privileges and advantages. Nothing wrong with OP educated himself about his civil rights. Maybe you should as well.


Chronmagnum55

Its not that weird when you see the endless number of videos online of cops abusing power. Yes, you should be polite when interacting, but knowing your rights is very important as well. It's very common for police to do illegal searches because they know they can get away with it. Even if you have nothing to hide that doesn't stop them from potentially harassing you.


KitchenCanadian

You can be normal and polite, but what happens when the police say “Let me see you phone”? You have the right to say no, and you can still be polite. There are likely lots of other demands they might make where you’re not sure of your rights - polite or not.


NetCharming3760

Must be a white person who commented that. :(


KitchenCanadian

Must be. I’m a white man, and every interaction I’ve ever had with the police has been great. But I’m not wilfully blind to the fact that my experience is a lot different to that of Indigenous people, black people, and other racial minorities. Just because it’s all great for me doesn’t mean there aren’t huge problems with the police.


t-rex_leggings

Let me see your phone? What was going on that made someone want to see it?


Hadespuppy

Cops on a power trip? They didn't like your face? You were taking pictures or filming something they think might portray the in a bad light and they want to intimidate you into deleting it?


dhastings

It doesn’t matter. If the officer wants my phone they can arrest me or go get a warrant to seize it. You would just give them your phone to look through?


KitchenCanadian

Happened to a friend of mine when they were filming an arrest from across the street. No chance their actions could remotely be interpreted as interfering with police work.


uly4n0v

How about you were filming a cop who was arresting someone illegally? What if you were interacting with officers, not arrested or detained but wanted your friend or lawyer present to ensure you had a witness? Cops are not perfect, they are humans who make mistakes. It’s important to know when they are mistaken so you can avoid getting wrongly arrested or worse.


Clean-Total-753

When did the bootlickers join this sub?


One_Ad5301

This is r/winnipeg, not r/acab


Clean-Total-753

You misunderstand. Its not about that, its about knowing and exercising your legal rights when conversing with an officer and people are pretty much saying to just go along with it and give them whatever they want. Its terrible advice.


Humble_Ad_1561

They’ve always been here.


t-rex_leggings

Guess I just never found myself in that situation. Never felt the urge to record them.


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uly4n0v

Stop making shit up. You don’t need to identify yourself to police and you’re definitely allowed to lie to cops as long as it’s not related to an ongoing investigation. If officer Bob asks me where I get my haircut and I say “your mother’s house”, he can’t arrest me for lying. If he asks me where I was on the night my neighbours house got robbed, I lie and he finds out, it gives him probable cause to look for evidence.


Peter_Mansbrick

>you are required to identify yourself >you have the right to remain silent Those contradict each other.


HidemasaFukuoka

Not really, you are required to show your driver's licence if you are driving and the police stops you


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AFriendlyFYou

You are only required to identify yourself in Canada if you are under arrest, there is reasonable suspicion you’ve committed a crime, or you’re driving.


rottenragu

Just cooperate. If you don’t, things get worse. Pretty simple. Give ID, answer questions, and they only search you if there is probable cause.


aznhusband

> and they only search you if there is probable cause. HAHAHAHAHAHAHAHA


NetCharming3760

Because of the North America social issues and politics . Recording yourself when police stops you for whatever reason is very popular in Canada and the United States (this does not applies to white people at all) I’m 21 year old black immigrant and most of my Gen Z friends are all immigrants background. Social media made us hyper aware of police brutality and how to protect your rights and never accept racial or religious bias, profiling, discrimination, and ect. There are so many resources online for you to educate yourself and be aware of your civil rights when interacting with police officers. Don’t get mixed up with American content and look for organizations run by minorities. A lot of my friends are now protesting and doing encampments at U of W and U of M for Palestine. Universities in US have decided to use force to scare young people and folks at U of M have been teaching and letting students know their rights. For example , police violently dispersed student protesters at U of Calgary who were protesting peacefully because the U of Calgary didn’t like their demands , just like the US students at Columbia university, Harvard, and more. The police institution are being questioned and they are very aware they’re very unpopular with minorities and especially the younger generation. The only people who support the police are white people or have neutral opinions, views , or feelings about them. Edit: just found out you’re U of M Student, go to the encampment and learn about your civil rights. It is also interesting to know you’re Leninist!


Loud-Shelter9222

WPCH has a little wallet card/pamphlet with your rights with police. If I find it, I'll try to loop back.


GullibleDetective

Quick Google search of this can answer that "rights canada with pllixe intwractions" First link https://www.strategiccriminaldefence.com/faq/talking-police-canada/#:~:text=In%20Canada%2C%20when%20interacting%20with,to%20be%20treated%20without%20discrimination. https://rcmpvetsnational.ca/canadian-rights-when-dealing-with-police/ https://www.google.com/url?sa=t&source=web&rct=j&opi=89978449&url=https://ccla.org/wp-content/uploads/2021/07/Know-Your-Rights-Booklet.pdf&ved=2ahUKEwit4-DZi96GAxX1MDQIHS8dISQQFnoECCIQAQ&usg=AOvVaw0YRZgHqQDs2Jka4cHM__m9


yojustkeepitreal

download the app legalswipe


Cranfabulous

https://winnipegpolicecauseharm.org/#:~:text=Winnipeg%20Police%20Cause%20Harm%20is,resources%20to%20life%2Dsustaining%20services.


CangaWad

[https://winnipegpolicecauseharm.org](https://winnipegpolicecauseharm.org) They have a pamphlet about what your rights are, and what you should do during interactions with the police.