Police Stops and Detention in Alberta

Police stops and investigative detention in Alberta follow Charter principles and provincial traffic legislation. The rules differ depending on whether you are a pedestrian, a driver, or a passenger.

• Traffic stops: Under the Traffic Safety Act, RSA 2000, c. T-6, police can stop any vehicle to check for a valid licence, registration, insurance, and sobriety. You must identify yourself and produce your documents when driving.
• Investigative detention: Police can briefly detain you if they have reasonable grounds to suspect you are connected to a specific crime under investigation. This is a lower threshold than arrest but must be more than a hunch.
• Pedestrian stops: If you are simply walking, police generally cannot compel you to stop or identify yourself unless they are detaining or arresting you, or a specific statute requires it (such as the Petty Trespass Act).
• If you are detained (not free to leave), police must inform you of the reason and your right to counsel. The detention must be brief and the least intrusive means necessary.
• Alberta's Checkstop program allows police to set up sobriety checkpoints. At a Checkstop, police can require a breath sample if they have reasonable suspicion of alcohol impairment.

Producing your driver's documents — TSA s. 167(1)

Under the Traffic Safety Act s. 167(1), a driver lawfully stopped must produce, on demand: driver's licence, vehicle registration, and the financial responsibility card (pink card / proof of insurance). Alberta still uses a physical pink card — many officers will not accept a digital-only version, so keep a paper copy in the vehicle. Random sobriety and licensing stops are constitutional (R. v. Ladouceur; R. v. Hufsky).

Mandatory Alcohol Screening — Criminal Code s. 320.27(2), in force 18 December 2018

Bill C-46 introduced Mandatory Alcohol Screening (MAS). At a lawful traffic stop an officer with an approved screening device (ASD) can require a breath sample without any reasonable suspicion. Refusal is itself a criminal offence under Criminal Code s. 320.15. Your s. 10(b) right to counsel is suspended during the roadside ASD phase (R. v. Thomsen; R. v. Woods) — you cannot insist on calling a lawyer before blowing. The right revives at the station for the evidentiary breathalyzer under s. 320.28. Refusing the ASD because you want counsel first will result in a refusal charge (s. 320.15).

Impaired driving — Criminal Code s. 320.14

Section 320.14 sets out the impaired-driving offence. Fail of the ASD triggers further investigation and evidentiary demands. The key takeaway: at the roadside, comply with the breath demand and assert counsel at the station.

Immediate Roadside Sanctions (IRS) — since 1 July 2020

Alberta's IRS program diverts most impaired-driving cases out of Criminal Code prosecution and into administrative sanctions:

• IRS:ZERO — novice or GDL drivers, any detectable alcohol or cannabis.
• IRS:WARN — blood alcohol 50-79 mg/100 mL.
• IRS:FAIL — blood alcohol 80+ mg/100 mL or refusal.

Sanctions include immediate licence suspension, vehicle seizure, fines, mandatory education, and ignition interlock. Review must be filed with SafeRoads Alberta within 7 days — missing this window forfeits the challenge. Unlike a Criminal Code conviction, IRS does not produce a criminal record, but it produces swift administrative consequences (vehicle seizure is immediate).