Stopped by the Police? You Have Rights!

If you are stopped, detained, or arrested by the police, you have rights! Police must follow certain rules, and they must apply them equally regardless of your appearance, ethnic origin, or immigration status.

If you are stopped

It is possible to be stopped by the police without being detained or arrested. For example, the police may want to ask you some questions if you witnessed a crime or if they think you may have information about one.

In this situation, you do not have to answer their questions. You can refuse to say what you are doing, where you are going, why, and with whom.

However, you do have to provide your identity to the police if you are driving a vehicle or are suspected of having committed a crime. In these situations, the police must tell you why they want to know your identity. You must provide your name, address, and date of birth.

The police can arrest you and take you to the police station if you refuse to identify yourself or if you provide a false identity.

Did the police pull you over for a random traffic stop ?

It’s important to note that police officers can only stop your vehicle randomly to test the level of alcohol or drugs in your blood. They must also have an approved screening device with them. If that happens, you don’t have to identify yourself before taking the test.

If you are detained or arrested

If the police stop you in the street or elsewhere and you are not free to go, you are being detained. You are also being detained if the police take you to a police station as part of an investigation. It is possible to be detained without being arrested.

The police can arrest you if they believe that you committed a crime. In this situation, they must tell you clearly that you are under arrest.

If you are detained or arrested, you have the right to:

• Know why you were detained or arrested.
• Remain silent. You are not obliged to answer their questions or even speak with them, except to identify yourself.  
• Speak with a lawyer for advice.  

To learn more about your rights if you are arrested or detained, see our article Rights of People Detained or Arrested.

Can the police search you?

The police can only search you in a certain situations:

• If the police ask to search you and you give them permission while knowing that you had the right to refuse.
• During a demonstration on a public roadway, if the police have reason to believe you have a prohibited object or substance, they can search you without a warrant. They can also take away prohibited objects or substances, such as a piece of pavement, a substance used to create smoke, or a billiard ball.
• If you’re being detained and the police believe that their safety, your safety or someone else’s safety is at risk.  
• If you have been arrested and the police are looking for evidence.

Abuse of authority

When carrying out duties, the police must follow certain rules of conduct. If they fail to do so or abuse their authority, you can:

• Ask for the names and badge numbers of the police who stopped you. This is not mandatory to file a complaint, but it can be helpful.  

• Film or record what’s happening to use it as evidence later. Make sure to keep a sufficient distance so as to not interfere with their work, or you could be charged with obstruction of justice.

• Note all the information about the event: the date, hour, place, what the police said and did, your reactions, etc.

Getting help after an arrest

You can call the emergency telephone number of the Barreau du Québec (Quebec bar association) if you’ve been arrested (1-866-666-0011).  

Several organizations can help you obtain damages or to see that police officers are punished in situations of discrimination or where an officer did not behave properly or even committed a crime. 

You believe you have been the victim of discrimination?

This could be the case, for example, if you are a member of an ethnocultural minority and are frequently stopped by the police without cause.

In this case, you can file a complaint with the Commission des droits de la personne et des droits de la jeunesse (human rights and youth rights commission).

If the commission finds sufficient evidence of a violation of your rights, it can propose a corrective plan for the person who committed the acts in question. This could be, for example, that they follow a session on sensitivity regarding discrimination or that they pay you a sum of money as compensation.

If the person fails to comply, the commission could take your case to the Tribunal des droits de la personne (human rights tribunal) to claim compensation from the person. If the commission does this, they would represent you free of charge before the tribunal.