Police Encounters
Your Charter rights during police interactions — silence, searches, counsel, arrest, detention, and complaints.
Right to Silence
Section 7 of the Canadian Charter of Rights and Freedoms protects your right to stay silent when dealing with police. The Supreme Court confirmed this in R. v. Hebert (1990) as a principle of fundamen...
Search and Seizure
Section 8 of the Charter protects everyone in Canada from unreasonable search and seizure. The Supreme Court set the standard in Hunter v. Southam Inc. (1984).Police generally need a warrant to search...
Right to Counsel
Section 10(b) of the Charter gives you the right to speak to a lawyer when you are arrested or detained. This must happen "without delay" — the Supreme Court said in R. v. Suberu (2009) that...
Arrest Rights
When police arrest you, the Charter gives you several protections.Section 10(a) — Police must tell you why you are being arrested.Section 10(b) — Police must tell you about your right to a lawyer.Sect...
Police Stops and Detention
Sections 9 and 10 of the Charter protect you from arbitrary detention. The Supreme Court set out the rules in R. v. Mann (2004) and R. v. Grant (2009).Investigative detention means police can briefly...
Making a Police Complaint
You have the right to file a formal complaint against any police officer in Canada.For the RCMP, complaints go to the Civilian Review and Complaints Commission (CRCC). For provincial and municipal pol...