Quick Answer: Do police have to tell you why you are being detained Canada?

When you are detained, section 10(a) of the Charter requires the police to tell you why you are being detained, and section 10(b) of the Charter requires them to provide you with the opportunity to speak to a lawyer in private as soon possible.

Can police detain you without telling you why?

If the police say you are not free to go, you’re being detained and they must tell you why. The police are legally allowed to detain you if they have reasonable grounds to suspect you’ve been involved in a crime. Having reasonable grounds is more than having a hunch based on the facts.

Can you ask why you are being detained?

If you are being arrested, you have the legal right to know why you are being arrested. Knowing why can help you determine the kind of defense attorney you need to assist in your case.

What are your rights when being detained?

If you are a suspect, or have been arrested in relation to an offence, the police may ask you to participate in a police interview. Remember that you have the right to remain silent and do not have to answer any questions that the police may ask. There is no such thing as an ‘off the record’ discussion with police.

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Can you tell a cop to f off in Canada?

This demand is almost exclusively made as part of impaired driving investigations, and the general answer is “yes”. In Canada, a police officer does not have the authority to randomly require an individual to stop and identify themselves or to answer police questions.

How long can police detain you in Canada?

How long can police detain you in Canada? If police do have reasonable and probable grounds to detain you and you are arrested and taken into custody, police can detain you for 24 hours. This 24-hour period may be extended if you are arrested on a holiday or on the weekend.

Do the police have to tell you if you are being detained?

Your rights when being questioned

“You do not have to say anything. But, it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.”

Can you resist being detained?

Resisting arrest is a misdemeanor, punishable under California Penal Code 148(a)(1) PC. As a standalone crime with its own distinct penalties, you can be charged and convicted for resisting arrest even if you are not found guilty of the crime the officer was attempting to arrest you for. …

Does being detained go on your record?

Records of juvenile convictions and detention that have been sealed by a court typically do not appear in these searches, but all other criminal convictions may appear, unless they occurred in a state that forbids disclosure of convictions after a certain period of time.

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How long can the police detain you?

The police can detain you when they have a reasonable suspicion that you have committed a crime. While no set time limit exists, police are only allowed to detain you for a reasonable period while they conduct an investigation. During the investigation, they will likely try asking you questions.

Can I refuse to give a statement to the police?

Without a statement, an officer will arrest you because they do not know both sides of the story. Officers get angry if you do not give a statement and are more likely to arrest you. If they haven’t arrested you, you might be able to talk your way out of it.

Do you have to give police your name?

You have the right to remain silent. … If you wish to exercise your right to remain silent, say so out loud. (In some states, you may be required to provide your name if asked to identify yourself, and an officer may arrest you for refusing to do so.)