Difference between revisions of "Motor Vehicle Law at the Roadside (13:III)"
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(2018 LSLAP Manual Edits) |
(2018 LSLAP Manual Edits) |
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With the exception of providing license, registration, and insurance, providing a sample of breath, and providing a statement at the scene of a collision in which you were involved, you are not obligated to make a statement to the police, or to answer their questions. | With the exception of providing license, registration, and insurance, providing a sample of breath, and providing a statement at the scene of a collision in which you were involved, you are not obligated to make a statement to the police, or to answer their questions. | ||
If you are detained, you have the right to contact a lawyer before you make any statement. In ''R v Suberu'', 2009 SCC 33, the Supreme Court of Canada found that the right to speak to a lawyer arises as soon as a person is detained, even though they have not been formally arrested yet. In ''R v Grant'', 2009 SCC 32, the court found that “detention” begins as soon as there is physical or psychological restraint imposed by the police that prevents a person from leaving. | |||
In summary, your right to silence continues to operate when you are stopped in a vehicle by the police. If the response to you (politely) asking whether you are free to go is anything other than an unqualified “yes”, you should assume you are being detained, and may wish to exercise your right to remain silent so as to avoid making statements that may incriminate you. '''Any admissions that you make at the roadside can be, and most likely will be, used against you in court.''' Remember that police officers are collecting evidence at the roadside. If you are arrested, you should ask to speak to a lawyer as soon as possible, and avoid making any statements or admissions until you have had an opportunity to speak to a lawyer. | In summary, your right to silence continues to operate when you are stopped in a vehicle by the police. If the response to you (politely) asking whether you are free to go is anything other than an unqualified “yes”, you should assume you are being detained, and may wish to exercise your right to remain silent so as to avoid making statements that may incriminate you. '''Any admissions that you make at the roadside can be, and most likely will be, used against you in court.''' Remember that police officers are collecting evidence at the roadside. If you are arrested, you should ask to speak to a lawyer as soon as possible, and avoid making any statements or admissions until you have had an opportunity to speak to a lawyer. | ||