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KnowYourRightsHub
Charter & Provincial Law

Police Power Navigator

Canadian police powers are checked by the Charter of Rights and Freedoms. Select your province to see specific rules.

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Police Stop and Search in Canada

In Canada, police interactions are heavily governed by the Canadian Charter of Rights and Freedoms. Sections 8 (Search and Seizure) and 9 (Detention) are your primary shields.

"Am I being detained?"

If police stop you on the street, this is the first question you should ask. If they say no, you are generally free to go. If they say yes, they must have Reasonable Suspicion that you are connected to a crime.

Quebec: Changes to Vehicle Stops

Historically, police in Canada used provincial Highway Safety Codes to conduct random vehicle stops. In **Quebec**, the Superior Court (2022) ruled that Section 636, which allowed these random stops, was unconstitutional due to its role in racial profiling.

Common Questions

Can Canadian police search my phone?

Police generally require a warrant to search a phone. While they may examine a phone 'incidental to arrest', the Supreme Court of Canada (R v Fearon) set strict rules: the search must follow a valid arrest, be for a specific purpose (safety, evidence preservation), and officers must take detailed notes of what they accessed.

Do I have to give my name if I'm walking?

Unless you are under arrest or have committed an offence (like jaywalking or public intoxication), you are generally NOT required to identify yourself to a police officer in Canada. However, if you are driving a car, you MUST provide your license, registration, and insurance.