Drivers often face various complex situations by the traffic police in every state. They become confused about what to do and how to handle the situation most of the time. As a Canadian citizen, you must know your rights in Canada and maintain all the traffic rules while driving.
This article offers you a complete guideline on your Canadian rights when you are stopped by police during driving on the road. Let’s move onward to learn.
Road Laws in Canada
Like every other state, Canada has its own laws for driving on roads known as road laws. The road law of Canada includes,
- How a driver should drive safely on the road
- What the traffic rules are for the drivers
- When they should stop
- When they can face punishments for their wrongdoings etc.
Every driver must maintain these road laws while driving.
Carrying a driving license is one of the most important rules for drivers. Without a license, no driver is allowed to drive their vehicles on the road in Canada.
What Your Obligations Are
While driving on Canadian roads, you might face traffic police on every important check post. Whenever you face them, as a responsible Canadian citizen, you have some obligations towards their duties. Such as,
- If the traffic police instruct you to pull over from your car, you must do that without any argument. Better learn your rights when pulled over by police Canada.
- As a responsible driver, you must always carry your driving license, your insurance details and other necessary documents about registration. If the police ask for these documents, you are obliged to show them.
- Sometimes, the traffic police might have doubts on whether you have drunk or taken any hazardous alcohol or not. For being sure, they might ask you to go for a roadside test. It may be a breathing test or any physical stability. In that case, it is an obligatory duty of you to follow their commands.
Cases When You Are Stopped by the Police
Canadian police can stop you from driving whenever they suspect any wrongdoings or violations in your actions. But there are three major and most common circumstances when police can stop you and check your details. These circumstances include:
- When you are driving over speed and violating traffic rules.
- When you have committed any accidents or crimes.
- When police feel any doubt that you might have committed any misdoings or crimes.
Apart from these common circumstances, Canadian police can also stop you for several other reasons. They might stop you without any violations or misdoings but naturally, just for checking, when you are driving. In order to handle these situations, you must have to learn the basic rights when dealing with police.
Canadian Rights When You Are Stopped by the Police
As a Canadian citizen or a driver, you must need to become aware of your Canadian rights when stopped by police. It is a random scenario in Canada to be stopped by the police while driving. This article provides a proper guideline on this issue. Read on to explore.
Answering Questions Asked by the Police
It is not always mandatory that you have to answer all the questions of the police. You can remain silent or can answer portions of their questions if you want.
It falls under your rights. But you have to maintain very smooth and polite behaviour whenever you talk to any police officer.
Also, the police possess the right to ask you questions about your driving license, your insurance and your registration, and you must need to show all your relevant documents to them.
In case any police officer perceives that you have taken alcohol, they can ask you for a breathing test. And you definitely need to follow them.
By chance, you get arrested by the police, you have the right to consult with a lawyer, and the police must also let you know the reason for the arrest. It is always better to contact a professional lawyer before replying to any questions of the police.
If Searching My Car
Normally, the police do not possess any right to search your car at the very first hand when they pull you over. What they can do is just check out your windows. If you face this situation at night, police at best use a flashlight to check your car through windows.
They can search your car only when they suspect some unusual or unethical in the car and arrest you. Without arresting, they can never search your car with no purpose.
If Searching Me
Similar to the case of searching your car, police can not search you randomly without arresting you. It is beyond their rights. But in case they suspect any criminal offence on you, they can make a random top to bottom search for safety purposes, nothing else.
When they have arrested you for any criminal activities, they have the power to investigate and search you acutely.
Police Coming to My Home
If police randomly want to enter your house, you don’t need to allow them in your house. But if they have any solid warrant with them either for arresting or for searching your house, you must let them enter your house.
Sometimes, police can come to your home for any emergency purpose to save you from serious threats. It would be best if you allowed them that time.
Police with an Arrest Warrant
The court or the judge generally grants an arrest warrant against someone when there are any doubts of criminal activities over that person.
If the police come to your house or stop you from driving with an arrest warrant, do not get frightened or rude with him. Instead, you need to ask the police with a polite voice for the warrant to check. Later on, you can consult with a lawyer about it.
Can Police Search My Phone?
Before arresting you, no, they can not search your phone. But if they arrest you for any criminal offence, they have the right to search your phone and every detailed conversation even.
Can I Be Arrested for Protesting?
No, as a Canadian citizen, you have the right to protest. If the police raise any misinformation or any warrant for the reason you are not responsible for it, you can definitely protest.
Do I Have to Answer the Questions of the Police?
Not always. You can remain silent or can partially answer if you want. You have that right to remain silent.
So, perhaps now you are clear about your Canadian rights when you are stooped by the police. We have tried our best to provide all the necessary details about this particular issue.
In conclusion, we recommend you to maintain all the road laws carefully while driving and consult with a lawyer whenever you face any complex situation by the Canadian police on the road.