The Arrest

Pocketbook
A Guide to Your Rights

JUSTICE
 IMPORTANT NOTICE
AND QUALIFICATION
This Pocketbook has been prepared and published for
information and educational purposes only. It is not
legal advice, and it is not intended to in any way replace
legal advice from a qualified lawyer. Individuals with
specific legal problems should seek legal advice from
a qualified lawyer.
Contents may not be commercially reproduced, but
any other reproduction is encouraged. Where these
materials are reproduced and distributed for educational
or other purposes, attribution should be given to the
BC Civil Liberties Association.

2
The B.C. Civil Liberties Association (BCCLA) is one of the
oldest and most active civil liberties groups in Canada.
We have published this Pocketbook to empower people
by providing information about what their rights are
in interactions with police and law enforcement.
This book is a pocket-sized, shorter version of the
full-length BCCLA Arrest Handbook. A digital version
of The Arrest Handbook can be downloaded using the
QR code on the back of this pocketbook.
This pocketbook is available in Cantonese, French,
Mandarin, Punjabi, and Spanish.
The BC Civil Liberties Association extends a special
thanks to the Law Foundation of BC and The Canadian
Bar Law for the Future Fund for providing financial
support for this project.
www.bccla.org

© BC Civil Liberties Association, 2023.

1
 The BC Civil Liberties Association is based on the
traditional, unceded, and ancestral territories
of the hən̓qə̓ min̓əm̓ speaking xʷməθkʷəy̓əm
(Musqueam) people and səlilw̓ətaɬ (Tsleil-
Waututh) Nation, and the Skwxwú7mesh
sníchim speaking Skwxwú7mesh Úxwumixw
(Squamish Nation). These lands and the languages
derived from them were never freely given
up for settler occupation. As a predominantly
settler organization, we acknowledge our
complicity in colonial violence through our
continued occupation of these lands. Our work
spans the traditional territories of hundreds
of diverse Nations. We are grateful for their
stewardship, including ongoing resistance to the
destruction of these lands. We believe that the
realization of human rights and civil liberties can
never be achieved until the Indigenous Peoples
of these lands can be fully self-determined. In
this spirit, we pledge to use our resources to
oppose violations of the rights and freedoms
of Indigenous people now and in the future.

2
 Contents
Interacting with Police ............................................ 4
Identifying Yourself to Police ................................. 5
Filming the Police ................................................... 6
Being Detained....................................................... 7
Being Detained while Driving ................................ 8
Being Arrested ....................................................... 9
Use of Force by Police ............................................ 9
Reasons for Arrest ................................................ 10
Arrest Warrants .................................................... 11
The Mental Health Act and Involuntary
Treatment............................................................. 12
Protest and Indigenous Resistance ....................... 13
Personal Searches ................................................ 14
Pat-down Searches............................................... 15
Strip Searches ....................................................... 16
Vehicle Searches .................................................. 18
Cell Phone and Computer Searches ..................... 19
Seizing Property ................................................... 20
Important Phone Numbers................................... 21

3
 Interacting with the Police
Most of the time you do not have to talk to the police.
The law does not allow for police to randomly stop
you and ask you for any personal information, except
in specific contexts.
Police might use “friendly” or “voluntary” conversations
to find reasons to detain you, or to get information
about you and people you know. Everything you say
to the police can be used as evidence against you
in court. You can choose to speak with the police,
but you can’t be forced to do so. If you’re not being
detained or arrested, you always walk away. If you
are being detained or arrested, you can say: “I want
to remain silent.”

4
 Identifying Yourself to Police
You only have to give the police your information when:
• You’re under arrest.
• You’re driving a car. Passengers in the car do not have
to give the police their names or addresses.
• A police officer is giving you a ticket (for breaking
a city bylaw or any other law) or serving you an
appearance notice, undertaking to appear, or
summons.

What to say to Police

• You can always ask: “Am I free to go?” If they say
Yes, then you can go.
• If you are not free to go, you can ask: “Am I under
arrest?” If they say Yes, you can ask: “Why?”
• If you are under arrest, you can say: “I want to remain
silent. I want to speak to a lawyer.” Give your name
and address if the police ask. If you are unhoused,
you can say so, or you can say “no fixed address.”
You can ask for the police officer’s badge number.
• If you are not under arrest, but are told you can’t
leave, you can ask: “Why?” and ask for the police
officer’s badge number.
5
 Filming the Police
You have the right to film the police.
If the police tell you that you are creating a safety issue or
getting in the way of their duties, follow their directions
on where to stand.
If the police try to take away your phone, you can tell
them: “I do not consent,” but don’t physically resist
as this could be dangerous or lead to charges.
Be mindful that if police think your recording(s) may
contain evidence of an offence, they may take your phone
without your consent. Always remember this possibility
if you are filming protest actions.
If you are filming the police while they arrest someone
else, doing things like yelling or swearing at the police may
have negative outcomes for the person being arrested.
Record badge numbers, names or other identifying
information of any police who you think weren’t
following the law. If police don’t identify themselves, note
the date, time, location and, if possible, a description
of the officer(s). This information will help you if you
file a police complaint.
6
 Being Detained
The police detain you when they limit your freedom
to move around. This could be by physically restricting
you, or by making you believe you aren’t free to go. If
you’re not sure whether you are being detained, you
can ask the police: “Am I free to go?” If the answer is
yes, you can leave. If the answer is no, you are being
detained.
You have the right to be told why you’re being detained
unless the answer is obvious. The police might also
conduct a pat-down search for weapons, and they
might look at the contents of your bags. If it turns out
that the police didn’t have the right to detain you, then
they also wouldn’t have the right to search you. Get
the badge number or name of the police officer and
remember the details and reason for detention so you
can tell a lawyer or make a complaint.

7
 Being Detained while Driving
If you were stopped while driving, you have to give
the police your license, vehicle registration and proof of
insurance if they ask. You also have to give the police
your name and address, and the name of the owner
of the vehicle.
If the police believe your car, or a car you are driving,
was involved in an accident, or in breaking a law,
you have to tell the police who was driving the car at
the time.
If the police suspect you are drinking and driving, they
can do an investigation at the roadside before you
speak to a lawyer. This includes asking you if you’ve
been drinking, performing sobriety tests, and using
a roadside breathalyzer. Other than these requirements,
you have the right to remain silent and to speak with
a lawyer before saying anything else to the police.

8
 Being Arrested
The police have to tell you if you’re under arrest and the
reason for your arrest, unless it is obvious. Remember
the reason they give for arresting you so that you can
tell your lawyer later. If you are under arrest, and the
police ask, you must tell them your name and address.

Use of Force by the Police

The police are only allowed to use as much force as
is necessary to arrest you or ensure a situation is safe.
If you feel that the police used more force than needed,
tell your lawyer and record your injuries. Doctor’s
notes and pictures could help support a trial or police
complaint.
If you’re under arrest, don’t physically resist the police.
Going limp does not count as resistance, but the police
may react negatively to this as well.

9
 Reasons for Arrest
The police must have a reason for arresting you.
You can only be arrested if:
• They see you committing a criminal offence.
• They have reasonable grounds to believe you have
committed or are about to commit an indictable
(serious) or hybrid criminal offence.
• They have reasonable grounds to believe you have
breached or are about to breach any state ordered
conditions of a summons, appearance notice,
undertaking to appear or release order.
• There is a warrant for your arrest.
• They have reasonable grounds to think that they
need to arrest you to stop a terrorist act.
• You have broken any law, including provincial laws
and city bylaws, and you won’t tell police who you
are and where you live.
• They see you “breach the peace” or have reason-
able grounds to believe you are about to “breach
the peace”
• There is a specific law that lets the police arrest
you for something you have done. For example,
if you are drunk or high in public.
10
 Arrest Warrants
A warrant is a piece of paper that a judge uses to allow
the police to do something. Arrest warrants order the
police to arrest a specific person.
If the police say they have a warrant for your arrest,
you have the right to see it. You can ask: “Can I see
the warrant?” If the police don’t have the warrant
with them at the time of your arrest, the police have
to show you the warrant as soon as possible after you
are arrested.
When you read the warrant, make sure the warrant
is actually for you. The warrant must include:
• Your name or a description of what you look like.
• The reason why you are being arrested.
• The order that you should be arrested.
• A signature of a Judge or Justice of the Peace.
Whether or not you’re arrested with a warrant, you still
have the right to remain silent and the right to speak
to a lawyer. You must give your name and address.

11
 The Mental Health Act and
Involuntary Treatment
Under the Mental Health Act in BC the police are
allowed to detain and take you to a medical professional
if they see or are told that you may have a “mental
disorder” and that your behaviour is likely to put your
own safety or the safety of others at risk.
You have the right to challenge why you are being held,
and can do this in a couple ways:
• You can ask a nurse: “Can you give me a Form 7 so
I can have a review panel hearing?”
• You may check a box for free representation from
the Mental Health Law Program at the Community
Legal Assistance Society (CLAS) if you are eligible.
• You can consult online resources about these
review processes from the Mental Health Review
Board and CLAS to help you prepare.
• You can call Access Pro Bono for a free 30-minute
legal advice appointment to be walked through
the review process.
• You can make an application in court. You can get more
information from the Community Law Program at CLAS.
12
 Protest and Indigenous Resistance
In Canada, you have the right to protest in most public
places.
Blockading or occupying bridges, roadways, rail lines,
ports and legislatures can be illegal under provincial or
federal laws. The police may not immediately enforce
these laws because they are supposed to think about
your constitutional rights and freedoms, which come
first before other laws.
Unlike protest, Indigenous resistance is grounded in
Indigenous ways of knowing and being. When Indigenous
Peoples stand in the way to defend and protect lands and
waters, they are doing so as an act of self-determination.
The likelihood that police involvement will end either a
protest or Indigenous resistance action greatly increases
if and when a court has issued an injunction directed at
protesters. The enforcement of these injunctions allows
police to remove, arrest, and criminalize Indigenous
land and water defenders and other activists.
If you’re planning to resist or protest, think about the
potential for police violence or for charges to be laid
against you.
13
 Personal Searches
You can be searched if:
• You tell the police it is okay to search you or your
belongings, or if you simply obey when asked. The
police still need to prove that you had the authority
to consent and that your consent was voluntary.
• The police have a warrant, or if they have special
permission under laws like the Criminal Code.
• You have been arrested lawfully. The search is
limited to yourself, your nearby belongings, and the
area near where you were arrested.
• The police have reasonable and probable grounds
that you have committed an offence, or are about
to, to find weapons or evidence.
• In some cases, the police have reasonable suspicion
that you have committed an offence or are about
to, to find weapons or evidence.

14
 Pat-down Searches
A pat-down search is a type of body search where an
officer touches the outside of your clothes to check for
weapons or evidence of a crime.
When you are detained, police can only do a pat-down
search for the purpose of the officer’s safety, not to
look for evidence. The police can’t check your pockets
unless the pat-down search reveals that you are carrying
a weapon. Police can check your bags for weapons or
evidence of a crime.
If you are arrested, police can only do a pat-down search
as part of a search incident to arrest. This is to make
sure that you are carrying weapons or hiding evidence.
Police can also search your bags, your car, your phone,
your camera, and other things nearby.

15
 Strip Searches
A strip search is another type of body search where
police ask you to move or remove some or all of your
clothes, so that your private areas are visible.
The search should be:
• Done at a police station unless the police have
reasonable and probable grounds to believe that
it is necessary to search right away for objects that
could hurt someone.
• Done in a way that protects the health and safety
of everyone involved.
• Authorized by a supervising police officer, if possible.
• Done by an officer with the same gender as you,
unless the situation is urgent, and an officer of that
gender is unavailable.
• If you are two-spirit, trans, non-binary, or
otherwise gender-diverse, you have the right
to self-identify your gender to police and
choose if the search is done by a male or
female officer, or both. If you choose both,
you can choose who searches which part of
your body.
16
• Completed by the fewest number of officers
necessary.
• Done using minimum force.
• Carried out in a private area.
• Done as quickly as possible, and in a way that
ensures you are not completely naked at one any
one time.
• Done only by looking at, and never touching any
private areas.
• Documented by the police, with reasons for
the search and a description of the way it was
conducted.
A body cavity search is the third type of body search
which is only conducted if a strip search shows there
is a weapon or evidence in a body cavity. A body
cavity search must also follow the same rules for
strip searches, listed above. You also have the choice
between removing the object yourself or having it
removed by a trained medical professional.

17
 Vehicle Searches
The police can search your car if:
• You give them permission. If a police officer says,
“Can you show me what’s inside that bag?” and
you do, that is giving permission. You can say “No”
to questions like this. Do not physically try to stop
them if they continue the search. You can enforce
your rights at a later time.
• You are arrested while driving or in your car.
• They have reasonable and probable grounds to
believe that you have committed a criminal office,
such as dangerous driving.
• You are stopped for a traffic offence and then an
officer sees something to give them reasonable
suspicion that you have committed a crime, or are
about to. For example, if an officer pulls you over
for speeding, and then notices a strong smell of
marijuana, they could have reasonable suspicion
that you were driving while impaired.

18
 Cell Phone and Computer Searches
The police generally have to get a warrant to search
your personal electronic devices.
If you’re arrested, the police can only search your cell
phone if:
• The arrest is lawful,
• Police have one of three specific law enforcement
reasons to search,
• The nature and extent of the search matches one
of those reasons, and
• The police take detailed notes about what they
searched, and why.
The three specific reasons to search are: to protect
the police or public, to preserve evidence, or to find
evidence. However, the officer should only be looking
at recent emails, texts, and photos, not digging through
messages you sent weeks ago.

19
 Seizing Property
Seizures are when police officers take something that
belongs to you, and hold it for safety reasons, to collect
evidence, or to present at a court proceeding. To seize
something, the police need:
1. Your permission.
2. A warrant. It should specify the things or types of
things being seized.
3. Reasonable and probable grounds to believe that
taking the item(s) is necessary for public safety or
will show evidence of a crime.
The police can seize:
• Anything you paid for with money that came from
criminal activity, even if you didn’t know it.
• Any property involved in a terrorist activity or
organization.
• Property that you may have used to commit a
crime, or property that is a crime to own, like an
illegal handgun.
• Anything that might give them evidence. The
court should order your lawfully owned property
returned by the end of the court process.

20
 Important Phone Numbers
Access Pro Bono Mental Health
Program ....604-482-3195 ext.1500/1-877-762-6664
Access Pro Bono Summary
Advice Program ............................... 1-877-762-6664
Atira Women’s Resource Society ...604-331-1407ext.114
Bella Coola Legal Advocacy Program .....250-982-2110
Brydges Line BC............................... 1-866-458-5500
Community Legal
Assistance Society 604-685-3425 or 1-888-685-6222
Disability Law Clinic .. 236-427-1108 / 1-800-663-1278
The Law Centre ...................................250-385-1221
Legal Aid BC ............ 604-408-2172/1-866-577-2525
Migrant Workers Centre .....................604-669-4482
MOSAIC .............................................604-254-9626
Native Courtworker and
Counseling Association of BC ..............604-985-5355
Society for Children and Youth ............778-657-5544
South Asian Legal Clinic of
British Columbia ..... 604-878-7400/1-877-762-6664
UBC Law Students’ Legal Advice Program ..604-822-5791
21
 ACCESS THE FULL ARREST
HANDBOOK
This book is a pocket-sized version of the full-length
BCCLA Arrest Handbook. A digital version of The Arrest
Handbook can be accessed using the QR code below.

This publication was made with the support of the Law Foundation
of BC and The Canadian Bar Law for the Future Fund.

22