You are formally charged with a crime in Canada after an information is sworn before the court. An information is a charging document which states all of the charges against you, and provides details regarding where and when they allegedly occurred. If this information is laid, but you have not been yet arrested by the [ … ]
“I don’t answer questions” is a powerful statement, as you have a right to remain silent. If an officer attempts to stop you on the street, you can simply ask them if you are being arrested or detained. In the event they say no, you can walk off in silence. If you are detained or [ … ]
If a police officer is in plain clothes, they must tell you they are a police officer before trying to arrest, detain, or search you. If a police officer is uniformed, they do not have to tell you they are an officer, but if you ask, they must provide their name and badge number. Police [ … ]
You cannot refuse to present your ID if you are being stopped while driving or operating some kind of vehicle. You can refuse to show your ID to police if you are a passenger in a vehicle or if they stop you on the street, unless they are investigating a crime that has occurred or [ … ]
If you have not yet been charged with a crime, the police may still detain you for investigative purposes if they have objectively reasonable grounds to suspect that you are connected to a crime. While there are no precise time limits, this detention should be brief and only last as long as reasonably necessary to [ … ]
The police can enter your home if they have permission from you or from someone else with authority over your home, if they have a warrant, or under certain urgent circumstances such as investigating a 911 call, if they believe someone is in immediate danger, or if there is evidence in your home relating to [ … ]
No. There are generally no requirements in Canada to carry ID, unless, for example you are driving and are required to carry a valid driver’s license. Have you been arrested for reasons related to your ID? Visit our Hamilton Criminal Lawyers page for more information on how we can help you.
Generally, if you are stopped by police you do not have to answer their questions. Unless you are being stopped while driving or operating a vehicle of some kind, you do not have to identify yourself. However, if you lie about your name or address you can be charged with obstructing justice or obstructing the [ … ]
In Canada, typically police need your permission or a warrant to enter private property. Police can only enter private property without permission under certain urgent circumstances. These can include, but are not limited to: giving emergency aid to someone inside your home, to protect the life or safety of someone inside if they have a [ … ]
In Canada, for less serious crimes that are punishable by summary conviction, the police must charge you within 6 months of the date of your offence. Most crimes can be prosecuted either summarily or by way of indictment. There is no statute of limitations for indictable offences. The decision of whether a crime is a [ … ]
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