2009 BCCLA Arrest-Handbook (English)

Arrest Handbook A guide to your rights 1
Acknowledgements
Special thanks to the Law Foundation for providing all of the financial sup-
port for this project, covering the costs of research, writing, translation and
publication. Thanks to Murray Mollard, Lindsay Lyster, Lil Woywitka, Jim
Braunagel, Christine Gibert, Vince Gogolek and Larry Cohen of the BCCLA,
and all of the board members and executive for assistance in proofreading
and providing moral support.
The material in this book is the product of extensive consultation with
many community groups in and around Vancouver. The basic structure and
some key ideas come from The Arrest Handbook, 1988 Edition, published
by the B.C. Civil Liberties Association.
Thanks to Pivot Legal Society for sharing drug user and sex trade worker
rights research they have compiled (www.pivotlegal.org). Thanks also to
Perry Bulwer of the Pivot Legal Committee and Naomi Grattan for proof-
reading.
I’d like to express my appreciation for the efforts of subject matter ex-
perts, including Greg DelBigio (Westlake & DelBigio), Nikos Harris (Peck
& Co.), John Richardson (Pivot Legal Society) and Russell MacKay (Vertlieb
Anderson MacKay), for their review of early drafts. Special thanks to Mr.
Justice James Williams for his review of the legal accuracy of the text while
he was still in private practice with Smart & Williams.
Other groups and individuals consulted who were helpful in sharing
ideas and direction for this book included:
B.C. Mental Health Law Program

Covenant House B.C. Olivia Lambert
Downtown Eastside Youth Activities Society John Turvey
Muslim Canadian Foundation Aziz Khaki
Social Activist Law Student Association (SALSA) Mark Freeman
Vancouver Area Network of Drug Users George Messinger
Vancouver Police Department Insp. Doug Lepard
YWCA Street Kids Drop-In Centre Victoria Captain Snowdon

Thanks to everyone who made this book possible.
—Dave Eby (2002)
About the BCCLA
The B.C. Civil Liberties Association (BCCLA) is a registered charity,
located in Vancouver, British Columbia. Since 1962 the BCCLA has
worked to protect and promote civil liberties in British Columbia
and Canada. Our programs include education, complaint assistance,
legal reform and occasional litigation. The majority of our funding
comes from private grants and donations. Contact us to make a
donation. The BCCLA does not provide legal advice and is not a
legal referral service.
To Order Copies of this Book

You can write or call the BCCLA for further information, make a
donation, become a member, or request additional copies of this
book.
The B.C. Civil Liberties Association

550 – 1188 W. Georgia St.
Vancouver, British Columbia
V6E 4A2
E-mail: [email protected]
Tel: 604.630.9754
www.bccla.org
Translations
Arabic translator: Riadh Muslih
Spanish translator: Rufino Perez de la Sierra
Vietnamese translator: Peter Dinh
Coordinator: Larry Cohen
Thanks to the following individuals for their

generous assistance in reviewing translations for accuracy:
Lubna Abdelrahaman, Stephen Bernal, Andres Hannah-Suarez,
Andrew Tang, Thu Vu and Ashraf El-Zanaty.
4 British Columbia Civil Liberties Association

Contents
Introduction....................................................................... 7
The Police and Arrest......................................................... 8
Conversation...................................................................... 8
Detention....................................................................... 8
Arrest.............................................................................. 9
Reasons for Arrest........................................................ 11
Arrest Warrants............................................................ 12
Imprisonment Without Charges....................................... 13
The Mental Health Act................................................. 13
Mental Health Detention Review................................ 14
Breach of the Peace..................................................... 15
Public Intoxication....................................................... 16
Talking to Police............................................................... 17
Identifying Yourself..................................................... 17
The Right to Remain Silent.......................................... 17
Undercover Police Officers......................................... 19
Citizen and Private Security Arrests................................ 20
Police Questioning and Investigation............................... 21
Lawyers........................................................................ 23
Searches........................................................................... 24
Personal Searches........................................................ 24
Vehicle Searches.......................................................... 25
Location Searches............................................................ 27
Without a Warrant........................................................ 27
With a Warrant............................................................. 28
Property Rights................................................................. 30
Seizing Property........................................................... 30
Breathalyzers, Blood and DNA Samples..................... 32
Other Agency Search Powers.......................................... 33
Private Security............................................................ 33
Customs........................................................................ 33
Special Law Enforcement Personnel........................... 35
After Arrest...................................................................... 36
Personal Search............................................................ 36
Right to Speak to a Lawyer.......................................... 37
Duty Counsel............................................................... 38
Legal Aid...................................................................... 39
Identification Procedures............................................. 40
Visits from Friends or Relatives................................... 41
Release by the Police................................................... 41
Show-Cause Hearing................................................... 42
Bail............................................................................... 43
Sureties......................................................................... 44
Review of Detention Hearing...................................... 44
Youth and the Law........................................................... 45
Civil Disobedience and Protest........................................ 46
Planning....................................................................... 46
Common Charges........................................................ 47
Recording Information................................................. 48
Police Photography and Video.................................... 48
Jail Solidarity................................................................ 49
Anti-Terrorist Legislation.................................................. 50
Overview of the Law................................................... 50
How the Law Affects Your Rights............................... 51
CSIS.............................................................................. 52
Poverty and Drug Law Issues........................................... 53
Panhandling................................................................. 53
Loitering....................................................................... 54
Sleeping in Public........................................................ 54
Sex Trade Workers...................................................... 55
Police Accountability....................................................... 56
Using the Courts.......................................................... 56
Complaint Processes.................................................... 57
Important Phone Numbers............................................... 59
Important Legal Words.................................................... 60
Quick-Reference Tear-Out Cards..................................... 62

Introduction
The B.C. Civil Liberties Association is the oldest and most active civil lib-
erties group in Canada. With the support of the Law Foundation of B.C.,
we have published this handbook to help you understand your rights
and responsibilities when you are dealing with the police.
The police are responsible for enforcing the law. Try to be polite and
friendly at all times. While they are deserving of respect and assistance,
they must also respect your legal rights.
If you find yourself in a serious situation with police, a lawyer can help
you figure out what happened and what you can do. There are lawyers
who can meet with you for little or no cost. You can call them using the
phone numbers on page 59.
This booklet has important information about how you can expect the
police to act, and how you can respond if you feel the police do not act
properly. There are cards on page 62 you can carry with you to remind
you of your rights.
Using this Book In this book, light bulbs mark

information that is especially helpful or interesting to
know. Stop signs appear beside very important informa-
tion. Yield signs warn you to use caution in the situations
described.
CRIMINAL CODE Section Numbers At the bottom of

each page, the Criminal Code section numbers related to the topic
are listed beside the word CRIMCODE. For example: “CRIMCODE 135,
136” means sections 135 and 136 of the Criminal Code are important.
You can find a copy of the most recent Criminal Code at most libraries.
Legal Words You may not know some of the words in this book.
To help you, words in italics are explained on pages 60 and 61.

Chapter 1
The Police
and Arrest
There are three reasons why a police officer would stop someone walk-
ing down the street. You have different rights in each situation.
Reason 1: The Police are Just Making Conversation

Police officers can use polite conversation to find a reason to hold
you or arrest you. They could also be investigating an incident you
saw or know about. They might simply be friendly. If you don’t
like the questions the police are asking, ask: “Am I free to go?” If
the answer is yes, you can leave. If the answer is no, you are being
detained (see Reason #2).
Reason 2: The Police are Investigating You (Detention)

The police can only detain you for an investigation if there are
reasonable grounds to suspect that you are connected to a crime
and your detention is necessary in the circumstances.
If you ask if you are free to go and the police officer says no, you
have the right to be told why. Unless the answer is obvious, the
police officer must tell you
Emergency Criminal Lawyers what reason he has for hold-
ing you against your will.
If you have been arrested or
Remember the reason the
detained, or you are being
police officer gives you, if
investigated by the police,
he gives you one. Get the
you can contact a Legal
badge number or name of
Services Society criminal
the police officer so that
lawyer for free by using a province-
you will have it if you want
wide toll-free service available at
to make a complaint.
1.866.458.5500.

If you are being detained but you are not under arrest, you aren’t
driving, and you haven’t broken any laws, you don’t even have to
give the police officer your name. If you don’t want to talk, say:
“I want to remain silent.” Sometimes, by staying silent, you can
increase your risk of arrest or of harassment. You may want to tell
police your name and address to show you are co-operative.
When you are detained, the police have the right to do a pat-
down search for weapons. They might inspect the contents of
your bags. If the police don’t have a good reason to detain you,
then this search is illegal. Remember the details so you can tell a
lawyer or make a complaint.
Reason 3: The Police are Arresting You

You will know if you are under arrest because a police officer
has said you are under arrest, or somehow made it clear that you
are not free to go by physi-
cally holding you. If you are Being Detained
under arrest, and the police
If you have not been arrested, but
ask, you must tell them your
you are being held against your
name and address. You have
will, remember to:
the right to ask why you are
• Ask why you are being held.
being arrested. The police
• Get the badge number or name
must answer unless the rea-
of the police officer.
son is obvious – remember
• Stay silent and tell the
what they say so you can tell
police you are
your lawyer.
staying silent
(if you feel safe
doing so). Use
your common
sense. Some
times an
explanation can end a police
discussion more quickly.
CRIMCODE 495, 129

The arresting officer may release you right away with an
appearance notice (a sheet of paper that tells you where and
when to show up for court) if she believes that you will show
up for court, not break any laws, and she is sure she knows who
you are.
The police can do a full search of you and your personal
property (see page 24 for details) if you are arrested. If you are
taken to jail, you have a right to appear before a Judge or Justice
of the Peace as soon as reasonably possible within 24 hours of
your arrest.
If you are under arrest, co-operate physically with the police.
Any pulling, kicking, punching, running or other physical resist-
ance to avoid arrest could result in more charges. Going limp does
not count as resistance, but
Remaining Silent may not help your situation
very much.
Tell the police you want The police are only al-
to remain silent and you lowed to use as much force
want to speak to a as is necessary to arrest you
lawyer. They may keep or ensure that the situation
asking questions, but you is safe. Any additional force
don’t have to answer them (see page 17). is considered “excessive”
Talk to a lawyer before you speak to the force. If you feel that the
police after you have been arrested. police used more force than
was necessary, you can
make a complaint or file a lawsuit (see pages 56–58 for details). If
you have marks, cuts, bruises or other physical evidence, go to a
doctor and have someone take photographs of your injuries. The
doctor’s notes and the photographs can both be used as evidence
in a trial or to support a complaint. Tell your lawyer about the
police’s use of force.
CRIMCODE 496, 503, 270, 26

Reasons for Arrest
The law says the police must have a reason for arresting you. There
are very few situations where the police are allowed to arrest you.
You can only be arrested by the police if:
1. a police officer sees you committing a criminal offence;
2. a police officer has reasonable grounds to believe you
have committed or are about to commit an indictable or
hybrid criminal offence;
3. you have broken any law (including provincial laws
and city bylaws) and you won’t tell police who you are
and where you live;
4. there is a warrant for your arrest (see page 12);
5. a police officer has reasonable grounds to think you
have a mental disor-
der and are danger-
ous (see page 13); Definitions – 3 Types of Offences
6. you have breached 1. Summary Offence – The least serious
the peace or are offences. They generally have lower
about to breach the penalties.
peace (see page 15); 2. Hybrid Offence –
7. you are drunk or Where the Crown
high in public (see Counsel can choose
page 16); or whether the
8. a police officer has offence is a summary
reasonable grounds or indictable offence
to think you are a depending on the
terrorist about to situation.
commit a terrorist act 3. Indictable Offence –
(see page 50). The most
serious offences. They have
much higher penalties.
CRIMCODE 787, 2
CRIMCODE 495, 496, 497

For hybrid and summary offences (see box on the previous
page for definitions), a police officer must release you immediately
after arrest with an appearance notice unless she:
• can’t identify you;
• needs to preserve the evidence of your alleged crime;
• needs to stop you from committing the alleged crime or
repeating it; or
• has reasonable grounds to believe you won’t come to
court.
Arrest Warrants
A warrant is a piece of paper that a Judge signs to allow the
police to do something. Arrest warrants order the police to arrest
a specific person.
If the police say they have a warrant for your arrest, ask to see
it. If it is possible (if the police officer has it with him and the situ-
ation is under control) the police officer must show it to you. It
is rare for the police officer to have the warrant – usually she has
been told there is an outstanding warrant by the police computer
system. If it is not possible at the time of your arrest, the police
officer must show you the warrant as soon as possible after you
are arrested. You have the right to see the warrant.
When you read the warrant, make sure the warrant is actually
for you. The warrant must:
• give your name or describe what you look like;
• include the reason why you are being arrested;
• order that you should be arrested; and
• be signed by a Judge or Justice of the Peace.
If you are arrested because of a warrant, you have all of the same
rights and responsibilities after arrest as you always do. You have
the right to remain silent. You must give your name and address.
You have the right to talk to a lawyer.
CRIMCODE 514, 29, 511, 497

Chapter 2
Imprisonment
Without Charges
The Mental Health Act
Under the Mental Health Act, police officers can use force to take
you to a hospital for an exam by a doctor if they think that you are
acting in a way that is dangerous to yourself or other people, and
you seem to have a mental illness that needs treatment. A police
officer must see you acting this way himself, or receive reports of
your behaviour from other people – including members of your
family.
Another way you could be taken to an institution under the
Mental Health Act is if a person (usually a family member or friend)
asks a Judge or Justice of the Peace to force you to be examined by
a doctor. They must show there are reasons why you are danger-
ous to yourself or others, that you have a mental disorder and that
you need treatment. Being dangerous to yourself means that your
physical or mental health will be harmed if you are not taken into
custody and treated. If a Judge gives that order, any person can
take you by force to a mental health facility (usually a hospital)
for an exam.
If a doctor examines you Car 87
and issues a certificate say- In Vancouver, the
ing that you have a mental police often respond to
illness, and you require treat- mental health emergen-
cies using Car 87. Car 87
is a regular police car
staffed with a nurse
or other psychiatric
personnel and a police officer.

ment and care to prevent further mental or physical harm to yourself
or others, you can be held and treated for up to 48 hours. If you
are not already at a hospital, anyone can take you to a facility using
force once a doctor issues that certificate.
If another doctor then examines you and agrees with the first
doctor, you can be held against your will for a full month at the
institution before another review. A child under 16 may be taken
to a mental health facility if a parent or guardian asks for the child
to be taken there.
Mental Health Detention Review

You should be told your rights when you are first taken to the
location where you will be held for treatment. You have the right
to challenge the reasons why you are being held by asking for
a review panel. A review panel is a group of three people who
have the power to release you if you convince them you should
not be held for treatment. You have the right to be represented
by a lawyer or other person at your review panel hearing.
You can request a review panel
by asking staff for the form used to
Mental Health Rights request a review panel. After you
If want to know more complete the form and hand it in, the
about your rights when review panel must be held within
appearing in front of two weeks.
a mental health review
panel, you can call the
B.C. Mental Health Law
Program at 604.685.3425 or
1.888.685.6222. They may also be
able to provide you with an advocate
who will appear with you in front of
the review panel.
See B.C. Mental Health Act

Breach of the Peace
Section 31 of the Criminal Code allows the police to arrest you for
breaching the peace. Breaching the peace means you are causing
a disturbance that involves some potential for violence. Usually,
simply causing a disturbance or being a nuisance without violence
is not enough reason for the police to arrest you.
Even though you can be arrested for breaching the peace, there
is no specific offence of breaching the peace. This means that
police must release you after they arrest you unless
they are going to charge you for breaking
another law. Police usually use Breach
of the Peace to arrest people and
release them in another area away
from the problem. They may
keep you in a cell for a brief
period.
A B.C. Court of Appeal case
(Hayes v. Thompson, 1985)
suggests the police are able to
arrest you before you breach the
peace if they have reason to believe
that you are just about to breach the
peace. This means police can arrest you even
if you haven’t yet breached the peace.
Police Accountability
If you feel you were arrested inappropriately for Breach of
the Peace, you should consult a lawyer or make an official
police complaint (see page 56 for details).
CRIMCODE 31

Public Intoxication
Public areas are areas where anyone can go. They may be gov-
ernment owned, but can also be privately owned. Public areas
include parks, bars, restaurants, malls, the beach and the street.
A public area is not your own home, a hotel room, or the house
of a friend. If you are in a public area and you are intoxicated,
the police can arrest you under the Offence Act, Section 91(1).
Intoxicated means that you are so drunk or high that you are un-
able to care for yourself, you are a danger to yourself or others,
or you are causing a disturbance.
If you are arrested because
Your Rights you are intoxicated in a public
Remember! Even if you area, the police must release
have a mental illness, you when you are sober.
you are intoxicated They must also release you
in public, or you are if an adult who is sober and
breaching the peace, you responsible asks the police to
still have all of your rights, release you into his care.
including the right to talk to a lawyer A law still exists that could
and the right to remain silent. allow the police to force you
into treatment for being an
alcoholic. This law is rarely,
if ever, used.
See B.C. Offence Act

Chapter 3
Talking
to Police
Identifying Yourself
Sometimes, even though you don’t have to, it’s a good idea to
give the police your name and address. Use your common sense.
Most of the time, according to the law, you do not have to give
the police any information.
You only have to give police your name and address if:
1. you are under arrest;
2. you are driving a car. Passengers in the car do not have
to give the police their names or addresses; or
3. a police officer is giving you a ticket (for breaking a city
bylaw or any other law) or serving you an appearance
notice.
The Right to Remain Silent

You have the right to remain silent. Except for polite conversation,
it is best not to say anything to the police until you have spoken
to a lawyer.
Fake ID
Don’t ever give the
police a wrong name
and address, or fake ID.
You could face serious
charges.

What to say to police:
1. Be polite.
2. Do you want to leave? Ask: “Am I free to go?” If yes,
then go.
3. If you are not free to go, ask: “Am I under arrest?” If
yes, ask why.
4. If you are under arrest, say: “I want to remain silent. I
want to speak to a lawyer.” Give your name and
address if the police ask. Get the police officer’s
badge number.
5. If you are not under arrest, but you can’t leave, ask
why. Get the police officer’s badge number.
You have the right to remain silent, except where you must
give the police your name and address.
CRIMCODE 129, 403

Undercover Police Officers
Undercover police officers are police officers who do not wear
uniforms and pretend not to be police officers. They may dress
like an inmate, if they are undercover in
jail. They may dress like a homeless person. Blowing a Police
They may dress like a businessperson. Officer’s Cover
When police are in undercover investiga-
tions, they are allowed to: If you know someone is
an undercover police
• lie about being a police officer, no
officer and you warn
matter how many times you ask
other people, you could
them directly “Are you a police
be charged with a
officer?”;
criminal offence.
• lie about their name, background,
personal information – anything;
and
• break the law (in some
situations).
Undercover police officers are not
allowed to ignore your rights.
Undercover Rights
Just because a police officer is in plainclothes or is under-
cover does not mean that he or she gives up any of the
powers a regular police officer has. You also keep all of
the rights you always have when dealing with the police. If
a plainclothes or undercover police officer has stopped you,
you still have the right to remain silent and the right to talk to
a lawyer.
CRIMCODE 129

Chapter 4
Citizen or Private
Security Arrests
People who aren’t police officers, including business owners,
security guards, homeowners, or people on the street, can make
arrests in some situations. They don’t have the same arrest pow-
ers as police.
Members of the general public and security guards are the same.
They can only arrest you if they actually see you commit an indict-
able or hybrid offence (see page 11 for definitions), or if they see
you running away from the police. Unlike police, if they only have
reasonable grounds to believe you broke the law, it’s not enough.
People who own property, or security guards protecting property,
can arrest you if they see you
The Charter of Rights committing a crime related to
their property.
The Charter of Rights
People who own land can
and Freedoms covers
make rules you must follow to
arrests by private citizens.
stay on their private property.
You have the right to
Privately owned property in-
remain silent and the right
cludes some property that is
to a lawyer. You must be
open to the public, like malls,
handed over to the police as soon
stores, restaurants and bars. If
as possible after your arrest.
you don’t follow the rules, the
owner (or their guards) can ask
you to leave. If you don’t leave, you become a trespasser and they
may use reasonable force to remove you.
CRIMCODE 494, 38, 39, 40, 41

Chapter 5
e Questioning and
Investigation
You always have the right to remain silent, except for when you
must give your name and address to the police (see page 17 for
details). Police often use tricks to get you to talk, both before
and after you are arrested. Any written or spoken statement to
the police or other people may be used against you. There is no
such thing as an “off-the-record” discussion with police.
Before you have been arrested

Friendly Conversation – Police can use “friendly” conversation to
find reasons to detain you (see page 8 for details). Be polite, but
be careful when speaking with police. If you are concerned about
the questions the police officer is asking, ask: “Am I free to go?”
If they say yes, then go. If they say no, you are being detained.
After you have been arrested

More Questions – Police may keep asking you questions even
after you have asked to speak to a lawyer. You can keep saying:
“I want to remain silent. I
want to speak to a lawyer.” Written Statements
If you decide to make
a written statement to
the police before a lawyer
is present, insist on writing it
yourself or reading the
document before you sign it
to ensure it is correct.

Lying – Police officers are allowed to lie. They may say: “Your
friends have already told us everything,” “We have evidence,” or
“We already know what really happened.” Even if your friends
have talked or the police have the evidence they need, it rarely
helps to talk before you speak with a lawyer.
Threats – Police are never allowed to threaten you in any
way. They are not allowed to tell you that you will face more
charges if you do not co-operate or that your current charges will
become more serious. Tell your lawyer if you have been threatened
or made to feel unsafe.
Promises – The police are not allowed to promise you anything
to convince you to make a confession. Don’t make any “deals”
with the police without speaking to a lawyer first. In B.C.,
police can only recommend charges. Crown Counsel are
responsible for approving charges only when there is a
substantial likelihood of a conviction and the charges are in the
public interest.
Lie Detector Tests – You must give permission before police can
do a lie detector test. The police will never release you just because
you pass a lie detector test. They only use these unreliable tests as
part of their investigations.
Anything you say during a lie
Dial-A-Law detector test is admissible in
To listen to Dial-A-Law court. The results of the test
scripts on criminal law are never admissible, even if
subjects, call 604.687.4680 the police say that you have
in Metro Vancouver or failed.
1.800.565.5297 or visit
www.dialalaw.org.

Lawyers
Lawyers are experts in the legal system. They can help make sure
you get a fair trial and are treated properly by police.
Lawyers are treated differently than non-lawyers by Judges. The
Judge can force anyone except your lawyer to testify in court about
what you have said or done. If you say something to a friend, family
member, counselor, cellmate, police officer or anyone other than
a lawyer, that information can be used against you in court. If no
one else is listening to your discussions with your lawyer, anything
you tell your lawyer will be kept secret and can’t be used against
you in court. If you are under 18,
you are allowed to have a trusted Talking to Your Lawyer
adult with you and your lawyer.
If you are somewhere where other
Sometimes, if you talk in con-
people are listening, or you are
fidence to a religious leader, like
talking on a prison phone or
a priest, minister or rabbi and
using prison mail, you
some others, the court may allow
should not give
your conversation to stay secret,
important
but there are no guarantees. You
information to
should use caution when deciding
your lawyer.
to share sensitive information with
Wait until you
these people.
are face to face
with the lawyer before you tell the
lawyer important information.
CRIMCODE 488.1

Chapter 6
Searches
Personal Searches
Most searches happen because people tell the police it is okay
to search. A police officer might ask: “Can I just have a look in
your bag?” or “Can you roll up your sleeves?” (to check for needle
marks). You have the right to say no and the police can’t legally
threaten you or force you. If you don’t give permission, the only
times the police can search you
or your things are when: Needles
• The police have reason-
Tell the police if
able grounds to believe
you have needles
that you are carrying
before they search.
alcohol that will be used
They will probably
for an illegal purpose,
find them anyway and
illegal drugs, or a weap-
it is better to avoid the risk of
on.
injuring a police officer.
• The police have
detained you (see page
8 for definition) to ask you questions. If you are detained,
they can only do a frisk or pat-down search for weapons.
They may also look in your bags. They cannot search for
needle marks or drugs.
Strip Searches
Police can strip search only if they have reasonable grounds to
believe you are hiding something under your clothes or in
a body cavity (see page 32 for exceptions). These searches
must always be done by a person of the same sex. The
police cannot use strip searches as a threat.

• The police have arrested you. If you are arrested, the
police can do a full search of your body and personal
possessions.
Resisting a Search
Never physically resist a search,
even if you think the search is
illegal. Say: “I do not consent to
this search.” Consult with a lawyer
or make a complaint instead (see
pages 57 and 58 for details).
Vehicle Searches
You have different rights when you are driving than when you
are walking. When you are driving, police can stop you for many
reasons, including to check whether you are impaired. When you
are walking, they need a reason they can explain and justify before
they can stop you. Just because the police stop your car does not
mean they can search you or the car. The police can only search
your car if:
1. You give them permission. You do not have to give po-
lice permission. If they ask: “Can I see in your trunk?”
or “Can you show me what’s inside that bag?” you can
say no.
2. The police have reasonable grounds to believe that
you have committed a criminal offence, like drunk or
dangerous driving (traffic offences don’t count).
3. You are arrested.
CRIMCODE 129, 270

4. They see something sitting in your car in plain view
(empty alcohol bottles, rolling papers, security tags, bolt
cutters, etc.) or smell something (drugs, alcohol) that
raises suspicion and gives them reasonable grounds for
the search. Your age, race or gender are not reasonable
grounds.
If you are going to assert your rights, be reasonable and polite.
You may wish to calm down the situation by asking the police
officer why she needs to search your car, or by explaining the
reasons why you wish to refuse permission to search.
BreathalyzerCRIMCODE
Machines254
Police can ask you to blow into a
breathalyzer machine to figure
out if you have been drink-
ing and driving. If you do
not blow into the machine,
you can be charged with
another offence that is just as
serious as drinking and driving.
See page 32 for more information
about breathalyzers.

Chapter 7
Location
Searches
You have your strongest right to privacy when you are at home.
Police need a very good reason to search where someone lives.
Most of the time, police cannot search your house, apartment or
trailer without a search warrant. A search warrant is a written
document, signed by a Judge or Justice of the Peace that allows
the police to search a specific place.
Location Searches Without a Warrant

Police can only search your home if they don’t have a warrant in
five situations:
1. They ask if they can search, and you say: “Yes.”
2. They are chasing a person who has run into your home.
The police must tell you the purpose of their search
and ask you to let them in. They can come in even if
you say no.
3. Someone is in immediate danger (for example, police
have received a 911 call from the house).
4. The police have a reason to believe that evidence of a
crime is being destroyed.
5. You or someone else is arrested in your home. Police
can search the area around where the arrested person
was found. They may search a house for other people
if a person is arrested in the house to keep evidence
secure until they get a search warrant.
CRIMCODE 487, 487.11

Location Searches with a Warrant
Generally speaking, the police must knock before entering a
house and must show you the search warrant in order to enter
your home. They may not knock if they think there are weapons
at your house, or if they believe that you would destroy evidence
before they could get in. If you get a chance to read the warrant,
read it carefully. A search warrant must include:
• a general description of what the police are searching
for;
• a signature by a Judge or Justice of the Peace;
• a deadline that limits the length of time the police can
use the warrant; and
• the correct address of where the search is to be located.
If a search warrant is missing any of these four things, or if the
warrant is out of date, you can tell the police they can’t search
your house. Your name or the name of the person who owns the
property does not have to be on the warrant.
Unless the warrant
says otherwise, or there
Illegal Searches
are “unusual circum-
If the police search your home stances,” the police must
without a warrant, and none of do their search during the
the situations on page 27 apply, day. You do not have to
the search is probably illegal. Do be home for the search.
not physically resist the search – you If you are not home, the
will be arrested or restrained. Say “I do not warrant must be posted
consent to this search,” ask for badge numbers or in an obvious place. After
names, and call a lawyer for assistance. the search is complete,
the warrant is expired.
In that case, the police
cannot stay on your property or return to your property to search
again later without another, different warrant.
CRIMCODE 487, 488, 489

If you refuse the police entry to your home, they may force
their way in legally if they have a valid search warrant or reason to
search (see pages 27-28 for when the police can search your house
legally). If the information on the warrant is incorrect, a police of-
ficer may wait outside of your house until the police
get a warrant with the correct information.
If the police have searched your
house, and you think it was an
illegal search, call a lawyer.
A lawyer can tell you if a
police search was illegal.
Remember, you must
be detained or arrested
before police can search
you legally (see pages 8,
9, 10 and 32 for details).
If you are not under arrest,
but you are detained, po-
lice can only do a pat-down
search.
Answering Police Questions

Just because police have permission to
search your house doesn’t mean that you or
other people in the house must answer their
questions. You still have the right to silence
and the right to talk to a lawyer.

Chapter 8
Property
Rights
Seizing Property
If the police “seize” your property, it means they have taken your
property. The police can only take your property if they believe
it is somehow connected to a crime.
If you have paid for property with money that came from crime
(even if you didn’t know), or you have used property when you
were committing a crime, or owning the property itself is a crime,
the police can take it. They can also take property that might give
them evidence, like videos, camera film, pictures, or anything else
they can use to prove their case. Police can seize alcohol from you
if you are drinking in public and you are not in a licensed bar or
restaurant. Police may also seize unopened
alcohol if they have reasonable grounds
to believe it is going to be used for
an unlawful purpose (e.g. being
taken to a location to drink in
public).
The court should order
your lawfully owned prop-
erty returned once it is no
longer valuable as evidence.
Your illegally owned prop-
erty may be destroyed and

will not be returned to you, even if you are not charged. If police
do not return your lawfully owned property, you should contact
a lawyer.
Alcohol will not be returned to you if you are convicted of an
offence under the Liquor Control and Licensing Act. You are
convicted if you are given a ticket and you don’t fight it in court
and win. If you don’t get a ticket and your alcohol is seized, you
can have it replaced or be compensated. Write to the General
Manager of the Liquor Control and Licensing Branch within 30 days
requesting compensa-
Attn: General Manager
tion. Include as much
Liquor Control and Licensing Branch
detail from the incident
PO Box 9292 Station Prov Govt
as possible.
Victoria, British Columbia
V8W 9J8
Email: [email protected]
Photographs
Police can take photographs or video
of you in public as part of an investiga-
tion, but you do not have to co-operate by
standing still or showing your face unless you
are under arrest (see page 40 for details). Be
careful: running away from a camera could give police a
good reason to detain you legally. Just turn and walk away.
CRIMCODE 490, 491, 491.1, 117

Breathalyzers, Blood and DNA Samples
Canadian law protects your body from the police. The police can
never take blood or hair samples from your body for analysis
without your permission or a warrant from a Judge. However, the
police do not need a warrant to collect materials that may contain
your DNA, such as hair, tissue or bandages if you have thrown
them in the garbage.
A Judge will give police a DNA warrant to get a sample from
you if they can convince the Judge that they can meet the follow-
ing two conditions:
1. they have reasonable grounds to believe you were
involved in a serious indictable offence, including
offences like murder, sexual assault, arson or rape; and
2. DNA evidence will link you directly to the crime or
prove your innocence.
If you are suspected of having been drinking while driving a
car, boat or other motor vehicle, the police have a right to demand
that you give a breath sample. A breath sample is given into a
“screening device,” usually at the roadside. If you refuse, you may
be charged for not co-operating, which can be just as serious as
drinking and driving.
The result of the test, by itself, will not ordinarily be enough
evidence to charge you with impaired driving but will give the
police reasonable grounds to believe that you are impaired. The
police then have the right to demand that you take a breathalyzer
test or give a blood sample. If the result of either test indicates a
level of alcohol in your blood that is greater than .80 milligrams,
the police can charge you with impaired driving. They may not
use these samples for DNA evidence. Talk to a lawyer before
giving police permission to do a mouth swab or take a blood or
hair sample.
Crim Code 487.05 and following

Chapter 9
Other Agency
Search Powers
Private Security
Private security has only the same rights to search as a regular
person does. They can’t search you unless you give them permis-
sion or they have arrested you (see page 20 for when a non-police
officer can arrest you). If security has arrested you, anything more
than a pat-down search for weapons could be an illegal search. If
you have been searched by private security without your permis-
sion, contact a lawyer or the B.C. Civil Liberties Association.
Customs
Because they are protecting borders, Customs officers have special
permission to do searches. Unlike police, they can search your car,
your bags, your pockets or do a pat-down search on a “hunch”
without reasonable grounds.
If you have any complaints about what a Canada Customs of-
ficer does or says, ask for the Superintendent On Duty. At U.S.
Customs, ask for a supervisor.
Canada Customs officials must follow the Charter of Rights and
Freedoms. This means strip searches can only be done where the
Customs officer has reasonable grounds to believe you are hiding
something under your clothes or in a body cavity. U.S. Customs
guards must have a “reasonable suspicion” to do more than a
search of your outer clothes.
If a Canada Customs officer wants to do a strip search, you
have the right to be taken before a Justice of the Peace or a Chief
Officer. You can ask to speak to a lawyer before this hearing. The
officer that wants to do the search must convince the Justice or
the Chief Officer there is a good reason for the search. If there is

no good reason, the Judge will tell the Customs officer to release
you. You also have the right to a lawyer in the U.S. before any
search beyond a pat-down search and search of your outer clothes.
If you are not honest with Canadian or U.S. Customs about
things you are bringing over the border, they may take your
property. You may lose the property permanently, or you may
have to pay a fine. If they take something from you, they must
give you a receipt that includes information on how to get your
property back.
Customs officials must follow the same arrest procedures as
police officers. You have the right to remain silent and to talk to
a lawyer if you are arrested at the border.
See Customs Act, Canada Customs and Revenue Agency Act and Canada Border Services
Agency Act

Special Law Enforcement Personnel
Many groups like transit authorities, railway companies, and envi-
ronmental authorities have their own law enforcement employees.
Members of these special police forces are often special provincial
constables or members of Designated Law Enforcement Units
(DLEU) under the B.C. Police Act. They have the same rights and
powers as regular police officers, but are responsible for enforcing
only the laws relating to their employer’s interests or to protecting
their employer’s property.
There are many government agencies that have different powers
of entry, search, seizure, and detention. These groups may operate
in similar ways to police. For information on the powers of other
agencies, use the blue pages (government pages) of the phone
book to find the information phone number for that agency. You
can also consult with a lawyer. For information about CSIS, the
Canadian Security Intelligence Service, see page 52.
Special Provincial Constable and

DLEU Complaints
Making a complaint against Special
Provincial Constables or Designated Law
Enforcement Units is different than for
regular police. Contact the Office of the
B.C. Police Complaint Commissioner for as-
sistance at 604.660.2385 or 1.877.999.8707 or
call the relevant agency and ask about how to
make a formal complaint.
See B.C. Police Act

Chapter 10
After
Arrest
Even after you have been arrested, you still have the right to remain
silent. You also have the right to speak to a lawyer. This section
tells you what happens after the police arrest you.
Personal Search
After you are arrested, the police can search your clothing, bags
or car for objects or weapons you could use to harm yourself or
someone else, or aid in your escape. They can also look for anything
illegal or evidence that you have broken any other laws.
Usually, if you have just been arrested, you will be taken to the
police holding cells to wait to go to court. You may also be taken
to the courthouse jail cells or in rare situations, the remand centre.
Either before or just after you arrive at the holding cells, all of your
property will be taken by the police. You will be asked to sign a list
of everything the police have taken. Make sure the list is correct.
If it isn’t, don’t sign it.
If you are kept in police holding cells, the police do not have
the right to strip search you (this will often be the case for public
intoxication or minor offences where you are held for fewer than
24 hours).
If you are taken to a remand centre, you may have to change into
a prison uniform. Corrections officials may perform a strip search if
you will be in contact with other prisoners. All strip searches must
be done by a person who is the same sex as you. If you feel you
are being searched inappropriately, tell the searching officer and
any potential witnesses. Although police or corrections officials
can do a strip search, they cannot do a body cavity search without
reasonable grounds.
See Canadian Charter of Rights and Freedoms

Right to Speak to a Lawyer
You have the right to speak to a lawyer as soon as possible and
you have the right to use the phone as often as you need to actually
speak to a lawyer. Police usually give the number to the Brydges
line to people upon their detainment/arrest. The line provides 24-
hour access to a lawyer for people in custody or being detained
by police. (See page 39 for information about legal aid). A lawyer
will help you ensure that your rights are respected and that you
receive a fair hearing.
Remember when you are calling from jail that the police could
be listening on the phone. Tell the lawyer what you have been
charged with and where you are. Try to arrange to meet in person
with your lawyer before any hearings. Anything you say to a lawyer
in private is secret and can’t be repeated by the lawyer in court
without your permission. Prison phone lines are not private.
Translators
If you do not speak English well and a
translator could help you understand the
police better, ask for a translator. You do
not have the right to a translator for police
questioning, but they may bring one to you
anyway. Remember, you do have the right
to remain silent and you also have the right
to a lawyer. Any time you have to go to
court, you have the right to have a
translator. MOSAIC can provide you
with a translator for a fee at any time
(1.877.475.6777).
Canadian Charter of Rights and Freedoms 10(b) and Youth Criminal Justice Act 11, 25, 107,
146

Duty Counsel
If you have not had the chance to call a lawyer, or if you didn’t
know who to call, don’t panic. When you appear in court there
will be a lawyer there who can help you called Duty Counsel.
Duty Counsel will be able to help you explain to the judge what
you would like to do.
If you would like to get a lawyer or apply for legal aid, tell
Duty Counsel and she will tell the Judge. She may be able to give
you the address and phone numbers you need to find a lawyer
or get legal aid.
Duty Counsel can help you:
• set a date for your trial (see page 42 for details);
• get the Judge to set bail or release conditions for you
(see page 43 for details);
• make a guilty plea and tell the Judge why you deserve
a less severe sentence; and
• find out if you qualify for a diversion program
(see note below).
CRIMCODE 717
Diversion Programs
Diversion programs ask people to take responsibility
for breaking the law through community service
or other activities. If you are a first-time offender
and you are unlikely to break the law again, you
may be a good candidate for diversion. If your case is
diverted, the Crown will not charge you or if you have
already been charged, they will not continue to prosecute
the charge. A diversion program allows you to avoid a
criminal charge, a conviction and the court process if you
complete it successfully. Ask your lawyer or Duty Counsel
for details.
Legal Aid
If you can’t afford a lawyer, you may be able to get legal aid. If
you get legal aid, the Legal Services Society pays for a lawyer for
you. The rules for who receives legal aid are different in each
province. In B.C., to apply for legal aid, you need to call the Legal
Services Society office in your area. If you are in jail, call the Legal
Services Society office and choose the option given by the answer-
ing machine that is for people in jail. If you go to court before you
can apply for legal aid, tell the Judge or Duty Counsel you would
like to apply for legal aid.
Not everyone gets legal aid. In order for you to qualify, you
must have:
1. a problem that is Legal Aid
covered by legal aid; Phone Number
2. a very low income;
The Legal Services
and
Society number
3. no other way to get
is 604.408.2172; toll
help.
free: 1.866.577.2525
Problems covered by le-
gal aid in B.C. include: some
criminal charges where there
is a strong possibility you will go to jail, some serious family law
problems (violence, child endangerment), deportation, and some
other issues. The Legal Services Society will tell you if your problem
is covered. If you apply for legal aid and you are told you don’t
qualify, you may be able to appeal the decision. Ask for an appeal
form from the Legal Services Society office.
If you are unable to get legal aid for your case, you may be able to get
assistance if you can convince the judge that you are unable to afford a lawyer
and unable to get a fair trial without one due to the complexity of the case,
seriousness of the consequences and your personal abilities. This requires an
application to be made to the court. A detailed guide to making an application
can be obtained from the Legal Services Society.

Identification Procedures
If you have been charged with a hybrid or indictable offence, or
convicted of an indictable offence, or you have been arrested under
the Extradition Act or the Security of Information Act (formerly
the Official Secrets Act), the police have the right to take your
picture, measurements and fingerprints. In all other situations, they
require your permission. You have the right to say no.
If you are fingerprinted or photographed but you are not con-
victed, you can request that the police destroy the copies of your
fingerprints and photos they have on file. A recent Ontario Court
of Appeal decision (R. v. Dore, 2002) suggests the police may
have to destroy the fingerprints if you request, without charging
you money for the service.
If you are released from jail, your appearance notice or sum-
mons may have information about when you will be fingerprinted.
Even if you feel police do not have the right to take your finger-
prints, do not miss this appointment. If you do, a warrant may
be issued for your arrest and you may face more charges. Talk to
a lawyer instead.
Police may ask you to appear in a police lineup for iden-
tification. You have the right to have your lawyer
present when this happens. You have the
right to refuse to participate in a lineup.
The police may sometimes arrange for
witnesses to look at you without your
consent or knowledge to identify
you.

Visits from Friends or Relatives
It is unlikely visits from friends or relatives will be permitted until
after your show-cause hearing (see page 42). Although you don’t
have the right to call family or friends, the police may let you call
them to explain where you are and what help you need.
Be careful what you say during this call and during any visits
with family and friends. The police may be listening. Information
you tell your family and friends is not secret and can be used in
court against you. If you are not released and are held before your
trial date at a remand centre,
you will be able to have visitors
Contacting Family and Friends
by appointment. Your lawyer
should be able to tell you how Do not sign a state-
to arrange for visits. ment for the police
so that you can
see family or
Release by Police
friends. You can
The police may release you at send messages to them
any time after they arrest you. through your lawyer. Whatever you
They might release you with- say in your statement will be used
out charges. Even if you are re- against you in court.
leased without being charged,
the police may still send you a
summons later or re-arrest you for the same offence later if they
find more evidence. A summons is a piece of paper that orders
you to go to court on a certain day for a hearing.
The police may give you an appearance notice or undertaking
to appear. An appearance notice is a piece of paper that tells you
to show up for court at a certain time. It may also tell you when to
go to the police station to be fingerprinted. Read it carefully and
show up on the date(s) and times listed.
If you don’t show up for fingerprinting or your trial, you could
be arrested and held in jail until your trial date. It could also be
counted as another charge against you. Often, people who would
have won their trials because of an illegal search or other police
CRIMCODE 145, 501, 502, 510

misconduct still get a criminal record because they are charged
for not going to their trial (called “failing to appear”). If you don’t
show up, you also can’t take advantage of diversion programs
(see page 38).
If the police release you, they can make rules for your release
that you must follow. If you think the police conditions are too
restrictive, you can wait until your court appearance for the Judge
to set conditions for your release. If you are from outside of B.C.,
the police may ask you to pay a deposit similar to bail to make
sure you come to your trial.
Show-Cause Hearing
If you are not released within 24 hours, the police must bring you
to court for a show-cause hearing to explain why they did not re-
lease you and to set a date for your trial. If you don’t have a lawyer,
Duty Counsel should be in the courtroom area to help you.
If you have not been able to contact a lawyer up to this point,
explain why you have not contacted a lawyer to the Judge. The
Judge may give you time to find a lawyer. Duty Counsel should
be able to help you talk to the Judge. She can also help you find
a lawyer or apply for legal aid.
During the show-cause hearing, the judge will consider whether
to release a person from jail or not. The Judge may release you
if you promise to appear in court for your trial. He may give you
rules to follow after you are released. These rules can include not
talking to some people, curfews, not drinking, not going to certain
places, or whatever other rules the Judge feels will help you not
break the law before your trial. Your lawyer will try to talk the
Judge into reducing the number of rules for your release. Tell your
lawyer if the rules will interfere with your job or where
CRIMCODE 145, 497, 498, 803, 503

you live. The Judge may also require bail be posted before you
are released (see below).
In most situations, Crown Counsel will have to convince the
judge that you should be held in jail or that rules should be in-
cluded if you are released. Crown can apply to the judge to delay
the show-cause hearing for up to three days to obtain further
information.
Bail
Bail is an amount of money the Judge says the court needs to make
sure you show up for your trial. The money can come from you,
your friends, or your family. When you show up for your trial, the
person who paid the bail is entitled to get the bail money back.
If the Judge is convinced during your show-cause hearing that
bail is needed to make sure you come to your trial, or if Crown
Counsel asks for bail, the completion of a show-cause hearing can
be delayed for up to three days. You will wait in jail until your
hearing to consider whether bail is needed or not.
Your lawyer can help you during your bail hearing to reduce
the amount of money the court asks for in bail. Whether or not
you will be allowed to leave on bail depends on your criminal
record, the strength of the Crown’s case, the charges against you,
and other information the Judge knows about you.
If you are allowed bail by the Judge and somebody pays it
for you, you will be released. If you do not appear for your trial
after being released, the bail money will belong to the court. The
person who gave the money to the court will not get it back, and
you will be arrested.
CRIMCODE 515, 519, 524

Sureties
You may be released without bail if you have a surety. A surety
is a person who lives in the province who, generally, has a job
and a place to live. They may promise, on your behalf, that you
will appear in court. If you don’t appear in court, your surety may
face charges.
You may need to provide both a surety and bail before you are
released. If the court refuses to release you on bail, or releases you
with conditions you think are too serious for the crimes you are
charged with, you can appeal the decision. You will likely need
a lawyer for that appeal.
Review of Detention Hearing

If you are not allowed bail and are kept in jail until your trial, you
will be brought before a Judge to review why you are being kept
in jail after a certain period of time. If your trial has not started
within 30 days for summary offences, you will have a hearing. If
your trial has not started within 90 days for indictable offences,
you will have a hearing.
Jailhouse Informants If you are facing a very
and Undercover Police serious charge (treason,
as Prisoners murder, and others) you
may not be allowed these
Police may put a police
hearings.
officer in street clothes or in
a prison uniform in a cell with
you to get information. They may
also force your cellmate or another prisoner to
testify at a trial. Do not talk with people in jail
about what you are charged with and whether
you are guilty or innocent.
CRIMCODE 515, 525

Chapter 11
Youth and
the Law
People younger than 18 have more rights and protection under the law than
adults. The police must be very clear with you about your rights and use
simple language that you can understand.
If you are in a dangerous or threatening situation, call 911. If your problem
involves the police, or you are in a situation where you don’t want the police
involved directly, call the Helpline for Children at 310.1234 (no area code
needed, B.C. only) or TDD 1.866.660.0505.
Just like an adult, you have the right to remain silent. You should never
feel threatened by the police because of what they do or say. You also have
the right to understand what is happening. Ask questions if you do not un-
derstand what is going on.
You may want to tell the police your side of the story, but you should wait
until your lawyer arrives. Your lawyer can help make sure that your rights
are protected. Tell the police or the Judge you want to speak to a lawyer and
they will get you one. Although, lawyers are fee for young people, you will
need to apply for legal aid to obtain the services of a lawyer.
Your parents will be contacted as soon as
the police can call them. If they are not around, Help for Youth in Court
you can give police the name of a close relative The John Howard Society
or trusted adult friend who can come to the jail offers many support services
instead. You have the right to have another adult to help youth and their
person with you other than your lawyer. If there families deal with the
is no-one else who can look out for your rights, justice system.
the Judge may act as guardian (temporary par-
ent) for you during the hearings.
Young people are not usually put in the same jail as adults. Young people
are kept by themselves, or in a special location just for youth.
See Youth Criminal Justice Act

Chapter 12
Civil Disobedience
and Protest
Activists often choose to engage in “civil disobedience.” Civil
disobedience is a form of protest that involves breaking the law.
What makes civil disobedience different from simple disobedience
is that it is breaking the law in order to:
• convince the government or a third party to do or stop
doing something;
• demonstrate the seriousness of the issue at hand for the
protesters; or
• draw attention to an issue or cause.
Civil disobedience is, by definition, non-violent towards people
or property. Activists accept the consequences of breaking the law
in order to increase public awareness of an issue. There are many
different legal issues to think about when you are participating in
civil disobedience, considerations that are not present for regular
arrests.
Planning
It is helpful to make contact with the police and establish a relation-
ship before any major protest action. If you plan civil disobedience,
or if people are arrested, your police contact can be a useful source
of information before, during and after the event.
The police tend to trade information tactically, which means
you should decide before the action what information you want
to release. A group spokesperson should be appointed and given
a cell phone for the event to encourage communication with the
police.

Organizers should ensure activists doing civil disobedience are
prepared and trained for potential consequences, including tear
gas, pepper spray, and time in jail. Although civil disobedience
may result in an absolute or conditional discharge (s. 730 and
731), activists should also be adequately prepared for the social
consequences of a criminal record.
Contacting a lawyer before the demonstration who will agree to
represent arrested activists is very helpful. Activists can write the
lawyer’s number, or an emergency contact number, on their arms
in permanent marker to ensure they keep the number after arrest.
Make sure your lawyer understands the intent and purpose of civil
disobedience and jail solidarity plans that will be practised.
Common Charges
Knowing common criminal charges can help you prepare for
arrest.
Frequently, activists face Mischief (s. 430) charges in conjunc-
tion with protests. If police wish, they can enact the “riot act,” a
part of the Criminal Code (s. 67 and 68) that requires people to
clear the streets within half an hour of special words being read
aloud by police, or risk arrest.
There is significant risk of activists being arrested under Breach
of the Peace (s. 31) (see page 15 for details). Police may choose to
use Breach of the Peace to arrest activists in anticipation of what
they believe may be physical violence against people or property.
In addition to regular criminal charges, restitution orders (an
order by a Judge to pay for damage caused) have been issued
where activists have damaged property.
CRIMCODE 730, 731, 430, 67, 68, 31

Recording Information
For demonstrations, it is often helpful to have a video record of
police and protester actions. Use caution: any film not belonging to
members of the established media is at greater risk of being taken
by police as an item that could give evidence of a criminal act.
Film can be taken even while it is still in a camera (which means
the camera would be taken too).
Badge numbers or names of police officers involved in ques-
tionable conduct should be recorded. According to their own in-
ternal policies, police must identify themselves if you request that
information. If they don’t, you may wish to file a police complaint.
Police Photography and Video

Police often use video cameras at protests. If you make a written
request, the police may let you view the evidence they have col-
lected. If you are charged with an offence, you will have the right
to see the video and photographs of you taken by the police.
If the police don’t let you view the tapes and photos, you may
be able to force them to give you copies of images collected by mu-
nicipal police officers through a request under the B.C. Freedom of
Information and Protec-
tion of Privacy Act (provin-
Avoiding Film
Seizure by Police cial law). Visit www.oipcbc.
org or call 250.387.5629 for
To avoid seizure of film by further information (or call
police, people photograph- Enquiry B.C. for toll-free
ing demonstrations often access).
address and stamp envelopes Images collected by the
in advance and drop com- RCMP can be accessed
pleted film into mailboxes. through the Privacy Act
(federal law). To request
information using this law,
use the forms available on the Federal Privacy Commissioner’s
(FPC) website (www.privcom.gc.ca). Call the FPC’s office for de-
tails at 1.800.282.1376.

Jail Solidarity
When a large number of people have been arrested, people engag-
ing in civil disobedience may choose to engage in “jail solidarity.”
While this booklet is not the forum for discussing such activities,
here are a few important tips.
• Going limp while being arrested is not considered “resisting
arrest.”
• Refusal to give names or addresses is often done during jail
solidarity. By refusing to self identify after arrest, you risk
further charges or increased time spent in jail while police
attempt to identify you or negotiate with spokespeople.
• Jailed activists should watch out for potentially vulnerable
fellow arrestees who stand out: gay/lesbian/bisexual/trans-
gendered activists, people of colour, youth under 18, immi-
grants and anyone who might face greater scrutiny or harass-
ment by guards or police once behind bars.
• People should avoid talking about why they were arrested
and their guilt or innocence in jail. Police routinely have
informants placed in jail populations in these situations.
Civil Disobedience Handbook

The Environmental Law Centre at the
University of Victoria has published a
helpful handbook on civil disobedi-
ence. To order a copy, call 250.721.8188
or e-mail [email protected]. The handbook is
also available at www.elc.uvic.ca.
Also see Protesters’ Guide to the Law and Civil Disobedience in B.C. by
Leo McGrady, Q.C. at www.bccla.org/othercontent/Civil_
Disobedience_Guide.pdf
CRIMCODE 129

Chapter 13
Anti-Terrorist
Legislation
Overview of the Law
After September 11, 2001, the Federal Government brought in
restrictive “anti-terrorist” laws that could severely affect your
rights. The laws are available at www.parl.gc.ca and include the
Anti-Terrorism Act and the Public Safety Act.
Anti-terrorism laws are intended to be used only in emergency
situations; however, activists and recent immigrants or refugees –
especially people from predominantly Muslim or Arab countries
– may be targeted by police or CSIS for investigation under this
legislation.
According to the Anti-Terrorism Act, there are two ways to
be considered a terrorist. The first way is to commit a terrorist act.
The second way is to be a member or supporter of a group that is
included on the government’s list of terrorist groups.
A terrorist act is any act or omission, in or outside Canada that
is committed for political, religious or ideological purposes to
intimidate the public or compel a government or organization to
do a certain act. The terrorist act must intentionally cause death or
serious bodily harm, endanger someone’s life, cause substantial
property damage that could result in bodily harm, or interfere with
an essential service (other than as a result of protest or strike).
The Canadian government has started compiling the official
list of terrorist groups. To find out which groups are on the list,
visit www.publicsafety.gc.ca/prg/ns/le/cle-eng.aspx. The Public
Safety Canada website is: www.publicsafety.gc.ca/abt/wwa/
min-eng.aspx. The phone number for Public Safety Canada is
1.800.830.3118.

It is illegal to be a member of terrorist groups or provide any
service for terrorists. It is also illegal to give them any financial or re-
source support. If you provide a service or support for these groups,
you could be arrested. Groups providing resources or money for
charities operating in conflict areas should use caution and ensure
those groups are not providing support to a listed terrorist group.
How the Law Affects Your Rights

Special police powers to arrest terrorist suspects, to prevent ter-
rorist acts and to investigate terrorism under the Anti-Terrorism
Act expired in 2007. However, in 2008 the government expressed
the intent to give these special powers back to police. You will
need to contact a lawyer or law library to determine whether these
powers are in force.
If these special powers are in force, and used against you,
you will likely know it. Some of the rights you would ordinarily
have could be ignored, legally, by the police.
Even if you have done nothing wrong, you can be arrested by
police and held for 24 hours if they have reason to believe you are
about to participate in a terrorist act. You must be brought in front
of a Judge within those 24 hours, and if the Judge believes you are
about to participate in a terrorist act, you can be held for a total of
72 hours before you are released with conditions. Conditions will
typically include restrictions on who you can talk to, where you
can go and what you can do.
If the police suspect that you have knowledge of an upcoming
terrorist attack you could be arrested and forced to give evidence
to the police in court – even if you are not personally involved.
You would have the right to a lawyer, but you would not have
the right to remain silent.
See Anti-Terrorism Act, 83.01 and 83.33 of Criminal Code

CSIS
CSIS is the Canadian Security Intelligence Service – Canada’s
main spy agency. Most of their information is collected through
interviews with people. You have the right not to participate in
interviews with CSIS. If you are approached by CSIS, you have the
right to tell them you do not want to talk to them. You may want
to contact a lawyer to ask for advice.
If you decide to talk with CSIS, make sure that you record the
interview on video or audiotape so that you have a record of what
you said, and what the agents of CSIS said. Asking a lawyer to sit
in on the interview is a good idea. Ask the
agents: “Am I a suspect?” or “Why are you
Your
Rights as a asking me these questions?”
Suspected You can end a CSIS interview at any
Terrorist time. Tell the agents that you want to end
the interview, and then leave. You can
Even though
only be forced to speak by a Judge in a
you are a
courtroom – not by the police or by CSIS.
suspected
If you have a complaint about CSIS ac-
terrorist, you still have the right
tivities, you must complain to the director
to a lawyer and the right not
of CSIS first. If you don’t hear back or you
to answer questions until your
get an unsatisfactory response, you can
lawyer arrives.
then send your complaint to the Security
Intelligence Review Committee (SIRC) who
will investigate and issue a report with recommendations to the
Minister of Public Safety.
For questions about CSIS, you can call the SIRC at
613.990.8441. Complaints can be mailed to:
The Director Security Intelligence
Canadian Security Review Committee
Intelligence Service P.O. Box 2430, Station “D”
P.O. Box 9732, Station “T” Ottawa, Ontario
Ottawa, Ontario KlP 5W5
KlG 4G4 Fax: 613.990.5230
See Canadian Security Intelligence Service Act

Chapter 14
Poverty and
Drug Law Issues
There are many laws that have a greater impact on poor people and
drug users. These laws can be used to target them unfairly. This
section discusses some of these laws.
Panhandling
Under Canadian law, asking for change (panhandling) is not illegal.
Cities may make rules about panhandling that only let you ask for
change in certain places and in certain ways. For example, in Van-
couver you can panhandle, but the law says you can’t:
• ask for change when you are in a group of three or
more;
• lie or sit on the sidewalk and ask for change;
• ask the same person more than once for change;
• ask people in cars for change;
• ask for change within 5 meters (16.4 feet) of a bank,
bank machine, pay phone, bus stop, public toilet or
person getting in our out of their car in a parking lot; or
• follow people or walk ahead of them after asking for
change.
If you are blocking people walking on the sidewalk or you are
leaning on a building, you can legally be asked to move by police.
Police may use traffic violations or the panhandling bylaws in Van-
couver to discourage people who are poor from asking for change.
Safe Streets Act

Loitering
Loitering is usually considered “hanging out” in a place without
having a specific reason for being in that place. All citizens have the
same right to be on park benches, park grass or on public streets.
If you are asked by police to “move along,” you can ask why. Use
your common sense in asserting your right to be in a public space.
If you are in a municipal (city) park and refuse to move, police of-
ficers may charge you with loitering, a bylaw offence that would
result in a fine. On the street, loitering is also a bylaw offence if
you block or slow down pedestrians or cars.
Sleeping in Public
Most beaches and parks in Vancouver are municipal (city) parks.
Some, like Iona Beach and Pacific Spirit, are regional parks. Sleeping
overnight is banned in all parks in Vancouver, whether municipal
or regional. You can sleep in some regional parks if you have a
camping permit.
There is no rule against sleeping in parks during the day. There
is a rule in city parks in Vancouver against “loitering” that could be
used by police to prevent you from sleeping in the park during the
day. There is no rule against
Police Wake-up Calls loitering in regional parks.
Vancouver traffic bylaws
If the police use too and most other B.C. city by-
much force when laws prevent sleeping in the
waking you up, you can street by not allowing you to
file a police complaint. block traffic. Traffic includes
Remember the police people walking, as well as cars.
officer’s badge number and If you are sleeping on pri-
the date, time and place vate property, you can be
where you were sleeping.
See Vancouver Street and Traffic Bylaw

escorted off of the property with as much force as is necessary by
the property owner or by a security guard.
The law says the police, security guards and private citizens can
only use as much force as is “reasonably necessary” to enforce the
law. For example, if the police find you sleeping, they can’t kick
you or hit you to wake you up.
Sex-Trade Workers
Prostitution is technically not illegal in Canada, but there are many
laws that make it difficult to sell or buy sex legally and safely. Just
because you are a sex-trade worker does not mean you have fewer
rights than any other person.
You still have the right to remain silent if you are questioned
by police. You also have the right not to identify yourself unless
you are under arrest. You do not have to allow police to take your
picture, and you do not have to give samples for DNA testing to
the police (see page 32 for details). The police do not have the
right to take condoms or any legal item from you unless you are
under arrest.
Loitering in an area known for prostitution may give the police
legal grounds to detain you and ask you questions. You do not
have to answer their questions. See page 17 for a list of situations
where you must give your name and address to police officers.
Needle Mark Searches

The police may ask you to roll up your sleeves to
figure out if you are using IV drugs like heroin. You
do not have to show your arms to police unless you
have been arrested. At most, when you are detained,
police are allowed to do a pat-down search for weapons
and look in your bags for weapons.
CRIMCODE 212

Chapter 15
Police
Accountability
There are many ways you can take action if you feel the police have
not acted properly. Each different action plan has good and bad
things about it. Going to court is expensive and takes a long time,
but might get you money for injuries or other damage. Sending
in a complaint is cheaper, but is less likely to pay compensation.
Complaints can result in criminal charges or discipline for the
police officer involved.
Using the Courts

Criminal Charges
Police officers and security guards must obey the law, just like
regular citizens. If you want to lay criminal charges against a
security officer, you can call the police. If you want to lay crimi-
nal charges against a police officer, you may be able to convince
Crown Counsel to lay criminal charges. You will need a lawyer
to help you with this process. Police complaints can also result in
criminal charges.
Civil Suit
You can sue the police for hurting you or damaging your prop-
erty, which may result in some money to help you replace what
was damaged or pay you for your pain and suffering. This kind
of lawsuit can be very expensive. You should consult a lawyer to
help you understand if this approach would help you.
If you choose to sue the police, you can sue in British Columbia
Supreme Court, or in Small Claims Court. Small Claims Court is
easier to understand than Supreme Court, and is less expensive.
Pivot Legal Society has a guide to suing in Small Claims Court that

can help you. The guide is available from Pivot Legal Society, 678
East Hastings Street, Vancouver, V6A 1R1 and on the internet at
www.pivotlegal.org.
Complaint Processes
Police complaints are the cheapest and fastest way to take action
if the police have acted improperly, but they can still take a long
time to resolve. Complaints can result in criminal charges, firing,
suspension or discipline for the
police officer involved. Threats
from police officers towards peo- Free Advice
ple who complain are very rare For free legal
and completely illegal; if you are advice, contact
threatened for making a complaint, these organiza-
immediately call the BCCLA, the tions:
Office of the Police Complaint
• Access Pro Bono
Commissioner, or a lawyer. Society of B.C.
To make a complaint, write a 604.893.8932
letter as soon as possible after the www.accessprobono.ca
incident. Describe the incident as • Lawyer Referral Service
accurately and honestly as you 604.687.3221
can. Include the date, time, and ($25 plus tax for first half-hour)
place. Include the badge numbers
or names of the officers involved if
you know them; if you don’t, give
a description – the investigators should be able to find out who
it was. At the end of your complaint letter, include the action you
want the police to take.

Be sure to include your return address and phone number and
keep a copy of your letter for reference. For more information on
how to file a police complaint, contact the BCCLA and ask for a
police complaint brochure or visit www.bccla.org to access the
brochure on the web.
Royal Canadian Mounted Police (RCMP) Complaints

Send complaints about the RCMP to:
The Commission for Public Complaints Against the RCMP
#102 – 7337 137th Street
Surrey, British Columbia
V3W 1A4
B.C. Municipal Police Complaints

Send complaints about Vancouver Police Department or other
municipal (city) police in B.C. to:
The Office of the Police
Complaint Commissioner
#320 – 1111 Melville Street
Vancouver, British Columbia
V6E 3V6

Important
Phone Numbers
Access Pro Bono Society of B.C. 604.878.7400

B.C. Civil Liberties Association 604.630.9754
Brydges Line (free emergency criminal lawyers) 1.866.458.5500
Dial a Law 604.687.4680 or 1.800.565.5297
Enquiry B.C.* 604.660.2421 or 1.800.663.7867
Information and Privacy Commissioner of B.C. 250.387.5629
John Howard Society 604.872.5651
Law Line (Legal Services Society call centre ) 604.408.2172 or 1.866.577.2525
Lawyer Referral Line 604.687.3221 or 1.800.663.1919
Legal Aid 604.408.2172 or 1.866.577.2525
Liquor Control and Licensing Branch (Victoria) 250.387.1254 or 1.866.209.2111
Mental Health Law Program 604.685.3425 or 1.888.685.6222
MOSAIC Non-Profit Translation Services 604.254.0469 or 1.877.475.6777
Office of the Police Complaints Commissioner 604.660.2385 or 1.877.999.8707
Ombudsman (B.C. Provincial) 1.800.567.3247
Prisoners’ Legal Services (Provincial/Federal) 604.853.8712/1.866.577.5245
Privacy Commissioner of Canada 1.800.282.1376
RCMP Police Complaints 1.800.665.6878
Refugee Assistance 1.888.622.6337
Salvation Army Pro Bono Lawyer Program 604.694.6647
Security Intelligence Review Committee 613.990.8441
UBC Law Students’ Legal Advice Program 604.822.5791
Vancouver Area Network of Drug Users 604.683.6061
* Long distance B.C. government numbers can be accessed for free
through Enquiry B.C.

Important
Legal Words
Absolute Discharge – A decision by a court to not impose punishment or a criminal
record on someone guilty of a criminal offence, if it is in the best interests of that
person and not contrary to the public interest.
Appearance Notice – A sheet of paper given to you by the police or the court that
requires you to show up for court on a certain day. Not showing up to court will
result in further charges, and you won’t be able to participate in diversion programs.
Arrest – The action of a person holding another person against that person’s will.
Police, private security and private citizens can all make arrests in certain
situations.
Bail – Money placed by you or your family or friends with the court to support your
promise that you will show up for your trial.
Breach of the Peace – The arrestable action of causing a disturbance. Usually involves
some threat of violence. There is no charge for Breach of the Peace; the police
must release the arrestee shortly after arrest or charge the arrestee with another
offence.
Car 87 – A regular police car, staffed with a police officer and a mental health profes-
sional, usually a nurse, that responds to suspected mental health emergencies.
Civil Suit – A court case used to recover costs that result from the wrongful actions of
another person.
Conditional Discharge – A decision by a court to not impose punishment or a criminal
record on someone guilty of a criminal offence, if it is in the best interests of that
person, not contrary to the public interest, and if the conditions imposed by the
court have been met.
Crown Counsel (also “Crown”) – The lawyer who is speaking on behalf of the
government against the accused in a criminal trial.
Counsel – A lawyer.
CSIS – Canadian Security Intelligence Service. Canada’s spy service.
Defence Counsel – The lawyer for the accused in a criminal trial.
Detention (Detained) – The state of being held by police so they can investigate you.
Police must have “articulable cause” (they must be able to explain why) to detain
a person for investigation purposes.
Diversion Programs – Programs, generally for first-time offenders, that may allow them
to avoid jail and criminal records in return for community service work, apologies
and meeting certain conditions.
DNA – The blueprint of life that contains a genetic “fingerprint” unique to you.
DNA fingerprints can be read from bodily substances including blood, hair
and semen.
DNA Testing – The police process of reading your genetic fingerprint and comparing
it to DNA found at a crime scene.
Dual Offence – see Hybrid Offence.
Duty Counsel – The free lawyer at the courtroom who can help people set court
dates, plead guilty and sometimes help in applying for legal aid or finding a
lawyer.
Hybrid Offence – An offence Crown Counsel can choose to proceed with as either a
summary or indictable offence.
Indictable Offence – The most serious kind of offence. Murder, manslaughter and
aggravated assault are all indictable offences. Pronounced “in-di-ta-bal.”
Justice of the Peace – A court official, sometimes a local lawyer, who can take
the place of a Judge for more minor legal hearings, including issuing warrants.
Lawyer – An expert in the legal system, a professional certified by the provincial law
society. Also called Counsel.
Legal Aid – Money from the government that pays for a lawyer for you.
Pat-Down Search – A search performed by pressing hands along a person’s body
outside their clothing. Also called “frisking.” Usually used to check for weapons.
Prosecutor – see Crown Counsel.
Public Intoxication – The arrestable offence of being so drunk or high you are a
danger to yourself or others, or you are causing a disturbance. Must occur in a
place accessible to the public.
Reasonable Grounds (Reasonable Cause) – A good reason to believe something.
Usually used to say that police need some evidence beyond just a “hunch”
or a suspicion before they arrest you or search you.
Remand Centre – Where you are held until your trial if the Judge decides not to
release you at your show-cause hearing or you can’t provide bail money.
Show-Cause Hearing – If you are not released by police, the hearing during which
the police explain why you were not let go and during which the date for your
trial is set. Usually the Judge places conditions (bail, no drinking, etc.) on your
release.
Special Provincial Constables – A designation for people who are not regular police
officers, yet still have many of the powers of police. Transit police are an ex-
ample of Special Provincial Constables. The complaint process is different for these
constables than for the police.
Summary Offence – The least serious kind of offence. Generally carries a maximum
penalty of six months in jail and/or a $2,000 fine.
Surety – Someone, usually with a job and residence in the province where the
offence was committed, who is willing to go to court and promise that you will
appear for your court date.
Warrant – A piece of paper issued by the court ordering police to do something.
Warrants can, among other things, order the search of a residence (search warrant)
or require the arrest of a person (arrest warrant).
Know Your Rights!
If you have been stopped by police:
• You have the right to ask: • Police need to have seen you break
“Am I free to go?” the law, have a warrant for your arrest,
• If yes, then leave. believe you have a mental disorder or
• If no, ask “Am I under arrest?” If have a good reason to believe you have
yes, ask for the reason why. broken the law in order to arrest you.
If you are not under arrest: If you have been arrested:
• Ask why you are • Say NOTHING except for your name
being detained. and address. Ask to speak to a
• The police need a good reason lawyer. Ask for and remember
to detain you. They must tell badge numbers and the reason
you why, if it’s not obvious. given for detaining or arresting
If you are under arrest: you.
Know Your Rights!

Know Your Rights!

Important Numbers
Lawyer Referral Line 1.800.663.1919

Dial-a-Law 604.687.4680
Legal Aid in Vancouver 604.408.2172
Salvation Army Pro Bono Program 604.694.6647
The Law Centre (Victoria) 250.385.1221
B.C. Civil Liberties Association (BCCLA) 604.630.9754
To talk to a criminal lawyer right away, call 1.866.458.5500
Important Numbers

Dial-a-Law 604.687.4680
Important Numbers

Dial-a-Law 604.687.4680


2009 BCCLA Arrest-Handbook (English)

Uploaded by

Copyright:

Available Formats

2009 BCCLA Arrest-Handbook (English)

Uploaded by

Document Information

Original Description:

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

2009 BCCLA Arrest-Handbook (English)

Uploaded by

Copyright:

Available Formats

Arrest Handbook A guide to your rights 1

B.C. Mental Health Law Program

To Order Copies of this Book

The B.C. Civil Liberties Association

Thanks to the following individuals for their

4 British Columbia Civil Liberties Association

Important Phone Numbers............................................... 59

Important Legal Words.................................................... 60

Quick-Reference Tear-Out Cards..................................... 62

Using this Book In this book, light bulbs mark

CRIMINAL CODE Section Numbers At the bottom of

Arrest Handbook A guide to your rights 7

Reason 1: The Police are Just Making Conversation

Reason 2: The Police are Investigating You (Detention)

8 British Columbia Civil Liberties Association

Reason 3: The Police are Arresting You

Arrest Handbook A guide to your rights 9

CRIMCODE 496, 503, 270, 26

10 British Columbia Civil Liberties Association

CRIMCODE 495, 496, 497

Arrest Handbook A guide to your rights 11

CRIMCODE 514, 29, 511, 497

12 British Columbia Civil Liberties Association

The Mental Health Act

Arrest Handbook A guide to your rights 13

Mental Health Detention Review

See B.C. Mental Health Act

14 British Columbia Civil Liberties Association

Arrest Handbook A guide to your rights 15

See B.C. Offence Act

16 British Columbia Civil Liberties Association

The Right to Remain Silent

Arrest Handbook A guide to your rights 17

CRIMCODE 129, 403

18 British Columbia Civil Liberties Association

Arrest Handbook A guide to your rights 19

CRIMCODE 494, 38, 39, 40, 41

20 British Columbia Civil Liberties Association

Before you have been arrested

After you have been arrested

Arrest Handbook A guide to your rights 21

22 British Columbia Civil Liberties Association

Arrest Handbook A guide to your rights 23

24 British Columbia Civil Liberties Association

CRIMCODE 129, 270

Arrest Handbook A guide to your rights 25

26 British Columbia Civil Liberties Association

Location Searches Without a Warrant

CRIMCODE 487, 487.11

Arrest Handbook A guide to your rights 27

CRIMCODE 487, 488, 489

28 British Columbia Civil Liberties Association

Answering Police Questions

Arrest Handbook A guide to your rights 29

30 British Columbia Civil Liberties Association

CRIMCODE 490, 491, 491.1, 117

Arrest Handbook A guide to your rights 31

Crim Code 487.05 and following

32 British Columbia Civil Liberties Association