PARENT'S PAGE

Parent Committee seminars and workshops :
programming is also offered to the parents of the students, and topics include Financial Planning, Health, and Parenting Skills.

WHEN DEALING WITH THE POLICE

DISCLAIMER: It is the responsibility of the reader to inform themselves of the accuracy of the information provided below. You should always consult with a lawyer in order to ascertain your legal rights and obligations. Please note that this paper should not be construed to be legal advice.

DEALING WITH THE POLICE:

1. It won’t kill you to be polite, even when you feel that the police officer being rude and hostile. Regardless of the situation in which you might find yourself, a police officer has a job to do, respect it. Even when the police don’t respond in kind, respect yourself and rise above it.
   
   ON BEING STOPPED:
   
2. Majority of the time, you are not required to answer questions by the police. However, this is preface by the fact that you have to be aware of the situation that you are in. For example, if you are walking down the street and a police officer stops you and asks you questions, you do not necessarily have to answer them. But, if the police believe that you have been involved in a crime, then you should tell them who you are.
   
   ON DRIVING:
   
3. If you are driving and you are pulled over, a police officer has the right to ask for your driver’s registration and insurance. If the police have grounds to believe that you have been drinking, they can ask that you provide a road side breath test. The police can also demand that you proceed to the nearest police station with them to do a breath test for alcohol if they have reasonable grounds to believe that you have been drinking. You do not have the right to speak to a lawyer before taking the roadside test. But you do have the right to speak to a lawyer before doing the breath test at the police station.
   
   ON BEING ARRESTED:
   
4. If you are charged with an offence, anything that you say can be used against you in a criminal court. This includes anything you say before you are arrested or before your rights to remain silent are said to you (that includes anything you say when you are in a police cruiser). Any statements that are made can be used against you. If you ask for a lawyer, then the police should stop their questioning and you do not have to answer any questions that are being asked. If they continue to question you, continue to state that you wish to speak to a lawyer and nothing more.
   
   ON BEING SEARCHED:
   
5. If you have been arrested, you can be searched by the police. Not only will you be searched, the police can search your clothes, or anything items that you are carrying on your persons. If you haven’t been arrested, a police officer can ask for your consent to search. Situations where a police can search you:
   
   
   • “they find you in a place where they are searching for drugs and believe that you have drugs
   • they find you in a vehicle where people are transporting or consuming alcohol illegally and they believe that you have alcohol on your person illegally; or
   • they have reason to believe that you have and illegal weapon or one that was used to commit an offence and it might be removed or destroyed if they took the time to get a search warrant.”
   
   
   ON BEING DETAINED:
   
6. If you are being investigated because there is a reasonable belief that you might be involved in a criminal matter then the police have the right to detain you and they have a limited capacity in which to search you. This limited search is called a “pat down”. What happens is that the police will pat you down to search for weapons or any other objects that might cause injury to the police officer or might pose a safety issue to the public.
   
   
7. You do not have to agree to being searched, but if the police are searching you because they have reasonable grounds to believe that you have been involved in a crime or believe that you may have illegal weapons, drugs, etc. it is best to allow the search to continue. If you believe that you have been searched illegal or searched without cause, you should inform the police officer of your belief and contact a lawyer as soon as possible.
   
   YOUR RIGHTS:
   
8. Individual rights are protected under the Charter of Rights and Freedoms. The Charter set outs the rights of every citizen if they have been arrested, detained, or searched.
   
   GETTING A LAWYER:
   
9. In Ontario, if you do not have your own private lawyer, then you can request a lawyer through Ontario Legal Aid. Ontario Legal Aid provides free legal advice 24 hours a day and a police officer can provide you with Legal Aid’s toll free telephone number (1-800-668-8258).