Police procedures

When police arrest a person, they must:

• Identify themselves as police officers.
• Tell people they are under arrest.
• Give a reason for the arrest.
• Tell people they have the right to speak with a lawyer without delay.
• Supply a telephone book to look up numbers for lawyers.

If you are arrested, you must go with the officer. It is a serious offence to assault a police officer. It also is a serious crime to offer a bribe to a police officer in Canada.

After telling you that you are under arrest and advising you of your rights, the police officer will probably put handcuffs on you and take you to a police station. The police may search suspects for weapons or evidence.

You have the right to make a telephone call and talk to a lawyer. The lawyer will explain your rights and provide advice.

You do not have to answer police questions. If you are charged with a criminal offence, the police have the right to take your picture and fingerprints. The police also have the right to demand a breath or blood sample if they believe you have been driving while impaired by alcohol or drugs.

The police may release you themselves or let the court make that decision. If the police wish to keep you in jail, they must obtain a court order (usually within 24 hours of your arrest).

If the court decides to release you, you must abide by conditions imposed by the court. For example, you may be required to surrender your passport or pay bail (money that is returned to you after you fulfill the conditions of the court order).

If you think you have been treated unfairly or badly by the police, you can complain to:

• The Police Chief or the Police Commission in your city (look in the blue or white pages of your telephone book).
   
• The Commission for Public Complaints Against the RCMP (call 1-800-665-6878 toll-free or visit the Canadian Police College website and they will investigate.

Date Updated: Nov 01, 2007
RDP-600