Talking to the Police

In the Talking to the Police: What happens when a crime is committed fact sheet from People's Law School you will learn about:

• criminal law and the role of the police,
• reporting a crime and being a witness in court,
• being arrested, and going to court.

Contents

What is criminal Law

Criminal laws make it illegal for someone to hurt or steal from other people. People who are accused of breaking the criminal law are taken to court by the government.

Role of Police in Canada

A police officer’s duty is to protect the people in the community. In Canada, the police have to obey the law. If you believe a police officer is not obeying the rules of their role you can make a complaint.

To make a complaint about the Royal Canadian Mounted Police (RCMP) call 1.800.665.6878 or visit www.cpc-cpp.gc.ca. To make a complaint about police in B.C., contact the Office of the Police Complaint Commissioner at https://www.opcc.bc.ca/complainant/how_to_file_a_complaint.html.

What to do if the police stop your car

The police may stop you for many reasons. For example you may have been driving too fast, talking on your phone or not wearing a seat belt. If a police car is behind or beside you with their lights flashing they may want to talk to you. Pull your car over to the right side of the road and stop.

If you are stopped the police officer will ask you several questions including:

• what is your name and address,
• whose car it is, and
• will ask for your driver’s licence and vehicle insurance papers.

Never offer the police money. It is a serious crime to bribe a police officer.

Police at your house

Police officers can knock at your door and ask to come in. The police officers can come into a house if they:

• have a warrant,
• think that someone they are looking for is in your house,
• suspect there is a serious crime happening in the house, or
• are invited in.

What if you see a crime happening

If you see a crime happening call the police right away. Wait for the police officers to come. The police will come and want to talk to witnesses.

Witnesses are very important to Canadian law. If a witness doesn’t talk to the police, the police may not be able to arrest the criminal. The criminal might go free, and there would be more crime. If people see a crime happening, it is their duty to talk to the police.

What if a crime happens to you?

The following story will help you understand what to do if a crime happens to you.

A man robbed Ying Yee’s store last night. He came in with a gun and took all her money. After the robber left, Ying Yee phoned the police. Two police officers came to the store. They asked for her name, address, and phone number. They asked what had happened. Then they asked her to write down everything that the robber said and did. It was difficult for her to write this in English, so she wrote it in Chinese. The police got it translated later.

The police arrested a man. The police thought he was the man who robbed Ying Yee’s store. But the man said he did not do it. The police did not see him rob the store. Only Ying Yee saw the man who robbed the store. The police asked her to come to the police station. At the police station, she looked at pictures of some men. All the men looked similar, but one was the man who robbed her. She was sure. She told the police that he was the robber.

A witness in court

The victim and the witnesses to a crime may have to give evidence in court. Giving evidence means telling the court what you saw.

Ying Yee was the victim of a crime. She got a letter called a subpoena. It said the police were taking the man they arrested to court. The letter said Ying Yee had to identify him in court and give evidence. The letter said what day she had to go to court.

Before the court date, Ying Yee went to a meeting at the court building. The Crown counsel, also referred to as a government lawyer, and an interpreter were there.

The Crown counsel explained to her what she would have to do and emphasized she must tell the truth and if she didn’t know the answer to a question, she should say that she didn’t know.

On the court day, Ying Yee went to court and waited outside the courtroom. When her name was called, she went into the courtroom. The clerk asked her to make a legal promise that everything she said in court would be true.

Ying Yee had to answer a lot of questions. An interpreter helped her. The Crown counsel asked questions first and then the defence lawyer asked Ying Yee some more questions.

The judge listened to Ying Yee’s answers. Then the judge made a decision. He said the man was guilty and had to go to jail

Innocent until proven guilty

In Canada, people who are accused of breaking the law are innocent until proven guilty. This means that, by law, they are innocent until a judge or jury decides in court that they are guilty beyond a reasonable doubt.

The Crown counsel has to show that the accused person broke the law. Another lawyer defends the accused person. The judge or jury listens to both lawyers and then makes a decision. Sometimes, the judge or jury cannot be quite sure. Then the judge will let the accused person go.

Arrest

There are rules for the police when they are arresting someone. The police officer must say who he or she is and why he or she is arresting the person. The police officer also has to let the person phone a lawyer right away.

A person being arrested also has rights. The person has a right to talk to the lawyer. The police must take the person to court within 24 hours or let him/her go.

Going to court

If you are arrested you will receive a notice to go to court, where you will be charged for breaking the law. You will either have to plead guilty, meaning you agree that you broke the law or not guilty, meaning you don’t agree that you broke the law. You should talk to a lawyer before you decide what to do

Canada has different rules for young people who break the law. Youth attend youth court. For more information about youth and the law, read the People’s Law School booklet Learning about the Law: Youth and the Law or Consequences of a Youth Record. These booklets are available at www.publiclegaled.bc.ca.

Help for victims and witnesses

Sometimes a victim of a crime needs help. There are people in most communities called victim support workers who can help you if you have witnessed a crime and you have to go to court. They can explain what will happen and what you have to do. They may also go with you to court. To connect with a victim services workers contact VictimLinkBC.

VictimLinkBC. 1.800.563.0808 or www.victimlinkbc.ca.

About this fact sheet

• Acknowledgements

• Learn more about Clicklaw Wikibooks or visit other wikibooks from People's Law School

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by People's Law School, 2014.

About People's Law School

The People's Law School is a non-profit charitable society whose purpose is to provide British Columbians with reliable information about their rights and responsibilities under the law.

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This fact sheet and other publications are available on the People's Law School website: www.publiclegaled.bc.ca

Talking to the Police Fact Sheet © People's Law School is, except for the images, licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International Licence.

The testing of the claims in a court proceeding at a formal hearing before a judge with the jurisdiction to hear the proceeding. The parties present their evidence and arguments to the judge, who then makes a decision resolving the parties' claims against one another that is final and binding on the parties unless successfully appealed. See "action," "appeal," "argument," "claim," "evidence" and "jurisdiction."

In law, the re-examination of a term of an order or agreement, usually to determine whether the term remains fair and appropriate in light of the circumstances prevailing at the time of the review. In family law, particularly the review of an order or agreement provided for the payment of spousal support. See "de novo," "family law agreements," "order" and "spousal support."

A person with direct, personal knowledge of facts and events relevant to the issues before the court; a person giving oral evidence in court on oath or affirmation as to the truth of the evidence given. See "affirm," "evidence," "oath" and "opinion evidence."

Under the Family Law Act, a term that describes the time a person who is not a guardian of a child, including a parent who is not a guardian, has with that child. Under the Divorce Act, a term that describes the time a person who is not a married spouse has with a child. See "guardian" and "parental responsibilities."

Facts, or proof tending to support the existence of facts, presented to a judge at a hearing or trial. Evidence can be given through the oral testimony of witnesses, in writing as business records and other documents, or in the form of physical objects. Evidence must be admissible according to the rules of court and the rules of evidence. See "circumstantial evidence," "hearsay" and "testimony."

A legal document, issued by the court or by a party pursuant to the rules of court, which compels a person to attend court to give evidence as a witness, and, sometimes, to produce a specific document. Failure to obey a subpoena may constitute contempt of court. See "contempt of court," "evidence" and "witness."

In law, (1) the federal and provincial governments and their departments and agencies, or (2) lawyers employed by the federal and provincial governments to prosecute criminal offences.

(1) A lawyer, or (2) the advice given by a lawyer to their client.

A person licensed to practice law in a particular jurisdiction by that jurisdiction's law society. See "barrister and solicitor."

In law, response to an allegation of fact or to a claim. Usually refers to documents that reply to the allegations or claims made by the other party, such as a "Response to Family Claim" or a "Reply."

(1) A reply, a rebuttal, an answer to a court proceeding or an application, or (2) a statement as to why a particular claim or application should not succeed.

A person appointed by the federal or provincial government to manage and decide court proceedings in an impartial manner, independent of influence by the parties, the government, or agents of the government. The decisions of a judge are binding upon the parties to the proceeding, subject to appeal.

In law, (1) a judge's conclusions after hearing argument and considering the evidence presented at a trial or an application, (2) a judgment, or (3) the judge's reasons. A judge's written or oral decision will include the judge's conclusions about the relief or remedies claimed as well as their findings of fact and conclusions of law. A written decision is called the judge’s "reasons for judgment." See "common law," "conclusions of law" and "findings of fact."

In law, in British Columbia a person under the age of 19.