Your Rights Remember! Whether you are intoxicated in public, or you are in breach of the peace, you still have all of your rights, including the right to talk to a lawyer and the right to remain silent. [...] You can say: “I want to speak to a lawyer.” If you ask this, the police have to give you access to a phone to call a lawyer that you choose. [...] If you’ve already spoken to a lawyer, and the police ask you to do a lie detector test, you have the right to speak to a lawyer again. [...] If you’ve already spoken to a lawyer, and then the police ask you to be in a lineup, you have the right to speak to a lawyer again. [...] If the answer is no, the police have detained you, and you have the right to stay silent and the right to talk to a lawyer.
- Pages
- 108
- Published in
- Canada
Table of Contents
- Important Notice and Qualification 3
- Acknowledgements 4
- Introduction 10 Interactions with Police Being Arrested 19 Being Detained 25 After Arrest 29 6
- Contents 6
- Search Seizure 43 Other Law Enforcement Agencies 58 Protest Civil Disobedience and Indigenous Resistance 62 7
- Heavily Policed Communities 74 Youth and the Law 88 Mental Health Law and Involuntary Treatment 95 Important Phone Numbers 104 Important Legal Words 105 8
- Introduction 10
- Interacting with the Police 12
- Voluntary Conversations 12
- Interactions with Police on Reserve 13
- Police Photography and Video 14
- Filming the Police 14
- Random Police Stops or Street Checks 15
- The Right to Remain Silent 16
- Identifying Yourself 17
- Fake ID 17
- Undercover Police Officers 18
- Being Arrested 19
- Reasons for Arrest 19
- Arrest Warrants 21
- Use of Force by the Police 22
- Remaining Silent 22
- Breach of the Peace 23
- Public Intoxication 23
- Sobering Centres 24
- Your Rights 24
- Being Detained 25
- When can you be detained 25
- Your Rights When Being Detained 26
- Being Detained 27
- Being Detained while Driving 28
- After Arrest 29
- Police Questioning 29
- Written Statements 31
- Interpreters 31
- Right to Speak to a Lawyer 32
- Brydges Line 32
- Duty Counsel 33
- Diversion Programs 33
- Legal Aid 34
- Legal Aid BC 34
- Rowbotham Application 35
- Legal Services for Indigenous People 35
- Release or Detention 36
- Detention and Personal Searches 36
- Medical Needs While in Custody 37
- Jailhouse Informants and Undercover Police as Prisoners 37
- Trans Rights and Gender-Diverse Rights 38
- Identification Procedures 39
- Bail 40
- Delay of Bail Hearings 40
- Conditions of Release 41
- Detention Review 41
- Visits from Friends or Family 42
- When can the police search you or your things 43
- Search and Seizure 43
- Racial Profiling 44
- Resisting a Search 44
- What is considered private during a search 45
- Youth and the Law 45
- Search of Your Body 46
- Pat-Down Searches 46
- Strip Searches 46
- Detention and the Right to Counsel 47
- Trans and Gender-Diverse Rights 48
- Warning for Body Searches 49
- Sniffer Dogs 51
- Search of Your Home 51
- What Should a Warrant Look Like 52
- Search of Your Vehicle 53
- Tents and RVs 53
- Search of Your Phones and Computers 55
- Body Language and Communication 55
- Seizures of Personal Property 56
- Private Security 58
- Other Law Enforcement Agencies 58
- Canada Border Services Agency CBSA 59
- Passwords and the CBSA 60
- Transit Police 61
- Train Police 61
- Conservation Officers 61
- Protest Civil Disobedience 62
- Protest Civil Disobedience Indigenous Resistance 62
- Counter-Protest 63
- Indigenous Resistance 63
- Planning 66
- Police Presence and Interaction 68
- Recording Information 70
- Police Photography and Video 70
- Legal Consequences for Protestors and Land Defenders 71
- After Arrest 73
- If You Believe Your Rights Have Been Violated 73
- General Use of Streets and Public Spaces 74
- Heavily Policed Communities 74
- People Experiencing Homelessness or in Unstable Housing 76
- Can the City take away my belongings 78
- People Who Use Drugs 79
- If you have done drugs and are then arrested 79
- Sex Workers 82
- People who are HIV 85
- HIV Disclosure on Arrest 87
- Youth and the Law 88
- Special Rules for Youth 89
- Children Under 12 89
- Searches in Schools 93
- Mental Health Youth 93
- Personal Safety and Security 94
- Mental Health Act and Initial Detention 95
- Mental Health Law and Involuntary Treatment 95
- What is a mental disorder 96
- Criminal Records Check 97
- Involuntary Treatment and Continued Detention 98
- Treatment and Discipline 99
- Detention Review 101
- Involuntary-Voluntary Admissions and Treatment Youth under 16 and the 101
- Who to call during a crisis 103
- Important Phone Numbers 104
- Crisis Response Phone Numbers 104
- Important Legal Words 105
