This video explains why silence is usually the best policy for an accused person when interacting with the police

What you need to know when talking to the cops in Alberta

In Alberta, when interacting with the police, you have the right to remain silent, the right to legal representation, and the right to be informed of the reason for your arrest. You also have the right to refuse a warrantless search and to be treated without discrimination. It’s important to remain calm and respectful, as anything you say may be used as evidence. If you’re detained, you have the right to contact a lawyer and must be informed of this right.

What are my rights when talking to the police in Alberta?

You have several rights you are entitled to exercise when talking to the police. These are entrenched in the Canadian Charter of Rights and Freedoms. Arguably, the most important right to remember is your right to silence. Generally, you are not required to speak to the police. There are, of course, some exceptions to this, and these are discussed in more detail below.

It is important to understand the following rights when talking to the police in Alberta:

  • To remain silent and not be obligated to talk to the police. Remember that the police are allowed to talk to anyone that they like. Also, remember that this does not apply if:
    1. You have been stopped while driving a vehicle (see section below for more details). In Alberta, you must stop when a police officer signals you to, and show your driver’s licence, vehicle registration and insurance card if asked.
    2. You’ve been involved in a car accident. In Alberta, if you are involved in a collision on a highway, you must stay at the scene, give reasonable help, and give your name, address, licence number, vehicle owner’s details, licence plate number, and insurance card details to police and anyone injured or who suffered a loss, if asked.
    3. You’re asked to identify yourself (further, it is an offence to lie about your identity).
  • To know whether you’re under arrest or whether you’re being detained. If a police officer stops you, you can ask them if you are free to go. If they say “yes,” then you can go. If they say “no,” then you are being detained.
  • If the police want to detain or arrest you, they must have:
    1. Initiated a legal traffic stop,
    2. Obtained an arrest warrant,
    3. Reason to suspect that you have committed an offence, or
    4. Reason to believe you are about to commit an offence.
  • To be informed of the reason(s) for your arrest.
  • To not be unreasonably searched or have your items unreasonably seized.
  • To be informed of any changes to the reason(s) for your arrest at any time.
  • Upon arrest, the police must inform you of your right to speak to a lawyer. The police must provide you with the means to contact a lawyer, including access to a telephone, and, if you cannot pay for a lawyer’s services, they must inform you of available free legal services and provide their phone number. This duty derives from R v Brydges, a 1990 Supreme Court of Canada decision arising from a case that began in Alberta.
  • Unless and until you have a good opportunity to speak to a lawyer of your choice, the police cannot ask you questions or attempt to gather evidence from you.
  • Your right to remain silent flows even after you speak to your lawyer. You continue to have the right not to talk to the police or say anything about your involvement in any offence.
  • You can waive your right to speak to a lawyer and tell the police that you do not want a lawyer. This waiver must be voluntary and understood by you.

Your rights are the same whether you are speaking to the Calgary Police Service, the Edmonton Police Service, the RCMP, a First Nations police service, or an Alberta Sheriff.

What are my rights when pulled over by the police?

Under the law, driving is considered a privilege, not a right. Therefore, police are provided more latitude to investigate traffic offences through lawful traffic stops. When you are pulled over in a traffic stop, your rights are somewhat different from when you speak to the police generally. Some things to remember when being pulled over by the police include:

Police are generally allowed to execute a traffic stop for the following reasons:

  • To check for proper documentation,
  • To ensure/confirm the mechanical soundness of your vehicle,
  • To determine whether a driver is intoxicated by either alcohol or drugs, or
  • If they suspect you have committed a driving offence.

You are obligated to provide all documentation (this includes your driver’s licence, proof of insurance, and proof of vehicle registration). In Alberta, this duty is set out in section 167 of the Traffic Safety Act.

While traffic stops are considered to be a form of detention (unless you’re been told you’re free to go), they are held to be constitutional given that they are generally short in time span and the safety of drivers is a reasonable limit to individual roadside rights.

In Alberta, if police believe you are driving while impaired by alcohol or drugs, they can also give you an Immediate Roadside Sanction (IRS) under the Traffic Safety Act. This can include an immediate licence suspension, a vehicle seizure, and a fine, even if you are not charged with a crime.

There are, of course, circumstantial exceptions to these general rules.

The police want me to come for an interview. Should I go?

If this happens, always consult a lawyer.

When speaking to the officer inviting you for an interview, ask:

  • Am I under investigation for something? It’s quite obvious that the answer is yes; however, it is good to confirm so you can relay this information to your lawyer.
  • What am I under investigation for? The police may or may not answer this over the phone.
  • Will I be placed under arrest when I attend the police station?

Regardless of whether you are invited for arrest purposes or just for an interview, you do not need to attend. You are under no obligation to talk to the police. Before you say anything, consider this guidance on whether you should give a statement to the police. Failing to attend the police station may result in police coming to your location to either speak with you or arrest you. In such a scenario, you are still entitled to your legal rights, including the right to silence and rights upon arrest (the right to legal advice/counsel, the right to be informed of the reasons for arrest, etc.) Being asked to attend the police station is a matter of convenience to the police, and often the suspect. However, this is never a requirement. Nevertheless, a lawyer will often advise you to attend (especially if you are being asked to attend an office for arrest). This is only after the individual has sought legal advice and made the appropriate arrangements to protect their own interests. If you’re unsure whether a warrant may already exist, here’s how to find out if there is a warrant for your arrest.

The rule of thumb when invited to speak to police is to first speak to a lawyer.

What should I do if the police come to my home?

The police are allowed to come to your home to talk to you, but you are not generally required to answer their questions or grant them access to your home. The police may enter your home only under specific circumstances.

These include:

  • They have a warrant to enter your home to arrest someone.
  • They have a search warrant.
  • They have permission from you or someone else in authority to enter your home.
  • They are responding to urgent circumstances that require entry to your home (a 911 call indicating an emergency at the address, someone yelling or crying for help from inside, etc.)
  • They suspect that a crime has been committed in relation to property in your home (the suspected criminal activity must have been committed against you, not by you).

If the police come to your home with a search warrant, they must identify themselves and ask permission to come in. If they have a valid search warrant, you must let them in. If you refuse, they may enter your home without permission. If you try to prevent them from coming into your home, you may be charged with obstructing the police. In most cases, the police must also show you a copy of the warrant. If they do not offer to show you the warrant, you can ask them to see it. Make sure that the information on the warrant is correct. For example, check that the correct name and address are listed and see if there are any time limits about when the police can use the warrant. The police are expected to act reasonably in their search. This means they are not allowed to use excessive force or damage property for no reason.

Furthermore, the police can enter your home without your permission in the following urgent circumstances:

  • A 911 call has been made from your home, and the police believe that entry is necessary to prevent death or serious injury.
  • The police believe that someone in the home needs emergency services.
  • The police need to help someone safely remove their belongings after a report of domestic assault.
  • To protect people from injury if the police suspect that there is a drug laboratory in the home.

The police want to get my side of the story. What should I do?

Again, consult a lawyer. Let the officer know you’d be happy to provide your side of the story through your criminal lawyer. If you don’t have a lawyer, contact one. If you do have a lawyer, provide the officer with your lawyer’s contact information. Again, you are under no obligation to speak with the police.

One unique service that our firm provides is pre-charge legal advice. This means that before you are even charged with an offence and are under investigation, we will help you navigate the investigation process, ensure that all of your rights are upheld, and, should you wish, ensure your version of events is properly shared with law enforcement.

There is considerable risk in providing a statement to police or providing ‘your side of the story’. This statement can have the capacity to be self-incriminating, or you may be providing evidence that eventually a prosecutor may use against you in a court of law. There is nothing wrong with wanting to share your side of events. However, a lawyer’s assistance and advice on this front will mitigate the inherent risks of providing a statement to the police.

Can I speak to the police off the record?

The short answer to this is no. There is no such thing as “off the record” when it comes to speaking with law enforcement. Anything you say to a police officer is fair game and ultimately can be used against you. Some exceptions to this may be if the officer acted unfairly or your rights were not properly upheld when you provided such a statement. When speaking to the police, assume everything you’re saying is being recorded. Good practice on the part of the officer is to make you aware that the conversation is being audio- and/or video recorded.

FAQs

Generally, no. The police cannot search you unless you have just been placed under arrest, the police have reasonable grounds to believe a search is necessary for imminent safety concerns, or you have consented. In situations where you believe you’re being unlawfully searched, don’t become hostile or aggressive. Express your objection to the search and contact a lawyer as soon as possible to share your experience/concerns.

Some exceptions to the general rule that police are not allowed to search you unless consent is given or upon arrest include:

  • If the police find you in a place where they are lawfully searching for contraband that they suspect you may be in possession of.
  • If they find you in a vehicle and have reasonable grounds to believe you are transporting or drinking alcohol illegally.
  • If they believe you may have a weapon on you.

If the police have a search warrant, they are entitled to search only the place or entity specified in the warrant. If they are, for some reason, obstructed in carrying out this warrant, they are permitted to use as much force as necessary to execute the warrant. Law enforcement officers are allowed to seize any item listed in the warrant itself, or anything they discover in effectuating the warrant that is illegal and may be evidence of the offense (weapons, drugs, etc.). Again, if you think a warrant has been improperly executed or authorized, do not become hostile or aggressive. Instead, make known your objection to the search being carried out, yield to the search (don’t interfere), and contact a lawyer as soon as possible to discuss your concerns.

It depends. Generally, no, the police are not allowed to search your car when they’ve pulled you over and are conducting a routine traffic stop (e.g., to investigate the sobriety of the operator, to check documentation [that the driver has their licence, insurance, and registration], and/or to check the mechanical fitness of the vehicle). This is unless: a) they have a warrant; b) you consent to them searching your vehicle; c) you have been arrested in or near the vehicle and the police have reasonable grounds to believe there is evidence connected to the offence you’re under arrest for in the vehicle; d) they believe there is an imminent safety concern while you are detained; and/or e) unless, under the plain view doctrine, they observe something in your vehicle that is illegal or would otherwise be incriminating evidence.

The plain view doctrine allows police officers to initiate a search or seize items based on immediately apparent evidence inadvertently discovered during a lawful intrusion. For example, if the police noticed through your window what looked like a bag of cocaine on the back seat, they may have grounds to search your vehicle.

Police cannot normally ask you to open your glove compartment, pop your trunk, or open containers even if those containers are in plain view. 

No, you do not need to answer any of the police officer’s questions except to provide them with your basic contact information, such as name, phone number, and address (essentially what can be provided on a driver’s licence. You have a constitutional guarantee to the right to remain silent.

No. Lying to the police is an offence in Canada. You should never lie to law enforcement.

If you believe a police officer treated you unfairly or broke the law, you can make a complaint. Where your complaint goes depends on who the officer works for and how serious it is:

  • Calgary Police Service, Edmonton Police Service, other city police, or a First Nations police service: Make your complaint to the Police Review Commission (PRC). The PRC handles complaints about officer misconduct, such as rudeness or failing to follow proper procedure.
  • Serious incidents involving any police service: The Alberta Serious Incident Response Team (ASIRT), which is part of the PRC, investigates cases involving death, serious injury, or serious or sensitive allegations. It also investigates allegations that an officer committed a crime. This applies to every police service in Alberta, including the RCMP.
  • RCMP officers (non-criminal complaints): If your complaint about an RCMP officer does not involve a possible crime, the PRC will send it to the Civilian Review and Complaints Commission for the RCMP.
  • Alberta Sheriffs: Complaints about a sheriff go to the Investigative Services Team at Alberta Public Safety and Emergency Services.

You can file a complaint with the PRC online, or by phone at 780-644-0306 or toll free at 1-866-644-0306. You will be asked for your personal details and the date, time and details of what happened.

A complaint is separate from any criminal charge you are facing. If police breached your Charter rights, your criminal defence lawyer may be able to use that in your case, for example by asking the court to exclude evidence. Speak to a lawyer before you file a complaint if you have been charged.