{"id":119572,"date":"2026-07-25T09:00:00","date_gmt":"2026-07-25T13:00:00","guid":{"rendered":"https:\/\/lakaymedia.org\/?p=119572"},"modified":"2026-07-21T16:45:27","modified_gmt":"2026-07-21T20:45:27","slug":"interception-policiere-vos-droits","status":"publish","type":"post","link":"https:\/\/lakaymedia.org\/en\/interception-policiere-vos-droits\/","title":{"rendered":"La police m’a intercept\u00e9 : qu’est-ce que j’ai le droit de faire?"},"content":{"rendered":"

Short answer:<\/strong> You have the right to remain silent at all times. The only time you are required to provide identification (name, address, date of birth) is if you are under arrest, in custody, if you receive a traffic ticket, or if you are driving a vehicle. You also have the right to know why the police are intervening, the right to speak to a lawyer if you are detained or arrested, and the right to film the intervention while maintaining a safe distance. The rest of this guide explains how to recognize each situation and how to react calmly to protect your rights.<\/p>\n

\n

Three different situations, three sets of rights<\/h2>\n

In Quebec, a police intervention doesn't always mean the same thing. It's important to know your situation, because your obligations change.<\/p>\n

1. The street check.<\/strong> This is when a police officer approaches you on the street to ask questions, even though you are not suspected of any specific offense. Legally, this isn't really a form of police stop: the officer has no legal authority to force you to answer. You can refuse to say where you're going, where you're coming from, what you're doing, or who you're with. You can also ask, "Am I free to leave?" If the answer is yes, you can leave. Important: In Quebec, a police officer is not obligated to inform you that you have the right to withhold identification and leave the area. It's up to you to know this.<\/p>\n

2. The road interception.<\/strong> This is when a police officer asks a driver to stop their vehicle. If you are driving, you must provide your driver's license, proof of insurance, and vehicle registration. You must also identify yourself. Passengers, however, are not in the same situation as a driver: they retain the right to remain silent, unless they themselves are detained or arrested.<\/p>\n

3. Detention and arrest.<\/strong> You are in custody if the police intervene and you are no longer free to leave, even without being formally arrested. You are under arrest if the police believe you have committed an offense\u2014and in that case, they must tell you clearly. These are the situations in which you have the most rights, described below.<\/p>\n

What is the current legal status of "unjustified" wiretaps?<\/h2>\n

A word on a current issue, because many people are hearing about it. Article 636 of the Highway Safety Code allowed police officers to stop any motorist without cause. In 2022, the Quebec Superior Court ruled that this power facilitated racial profiling of Black drivers and violated the Canadian Charter of Rights and Freedoms. The Court of Appeal upheld this decision in 2024.<\/p>\n

The Quebec government took the case to the Supreme Court of Canada, which agreed to hear it in May 2025. Pending the final judgment, a partial suspension is in effect:<\/strong> Police officers can still conduct random stops, but only to check for sobriety while driving (alcohol, drugs) and for checks on the transport of people and goods. In other words, the debate is not over. What remains unchanged, regardless of the outcome, is that your fundamental rights during a police intervention remain the same, and racial profiling remains prohibited.<\/p>\n

The steps: how to react, in order<\/h2>\n
    \n
  1. \n

    Stay calm and keep your hands visible.<\/strong> The first minute sets the tone. Avoid sudden movements, especially at night or in a vehicle. This isn't about submission, but about safety to prevent the situation from escalating.<\/p>\n<\/li>\n

  2. \n

    Ask what situation you are in.<\/strong> Simply ask the questions: "Am I under arrest or detained?" and "Am I free to leave?" The answer determines your obligations. If you are free to leave and are not suspected of anything, you can politely end the exchange.<\/p>\n<\/li>\n

  3. \n

    Identify yourself only if required by law.<\/strong> You must provide your name, address, and date of birth in four cases: arrest, detention, issuance of a traffic ticket, or while driving a vehicle. Otherwise, providing identification remains your choice.<\/p>\n<\/li>\n

  4. \n

    Exercise your right to remain silent.<\/strong> You don't have to explain yourself, justify yourself, or answer questions about your whereabouts. You can say, "I will remain silent" and "I want to speak to a lawyer." This is not an admission of guilt; it is a right protected by the Charter.<\/p>\n<\/li>\n

  5. \n

    If you are detained or arrested, seek legal counsel immediately.<\/strong> This is a fundamental right. The police must allow you to speak with a lawyer and explain to you, in clear language, why you are being detained or arrested. You can access free legal aid if you are eligible.<\/p>\n<\/li>\n

  6. \n

    Take notes and document them.<\/strong> Ask for the police officers' names or badge numbers (they are not obligated to provide this, but it is helpful). You have the right to film or record the intervention, provided you maintain a sufficient distance so as not to interfere with the police work\u2014otherwise, you could be accused of obstruction.<\/p>\n<\/li>\n

  7. \n

    After the procedure, write everything down.<\/strong> As soon as possible, note down the date, time, location, patrol car number, descriptions of the officers, what was said and done, and the names of any witnesses. This written record will be invaluable if you decide to file a complaint.<\/p>\n<\/li>\n<\/ol>\n

    Deadlines and documents to keep<\/h2>\n
      \n
    • At the time:<\/strong> Have your license, registration, and proof of insurance readily available if you are driving.<\/li>\n
    • After :<\/strong> Keep all traffic tickets, all documents given by the police, your personal notes, your videos or photos, and the contact details of witnesses.<\/li>\n
    • To file a complaint regarding police ethics:<\/strong> you have one year<\/strong> You can file your complaint from the date of the incident (or the moment you learn of the misconduct). See our guide "Filing a Complaint Against a Police Officer in Quebec".<\/li>\n
    • To file a racial profiling complaint with the Human Rights Commission:<\/strong> you have three years<\/strong> from the incident. See our guide on the CDPDJ.<\/li>\n
    • To contest a traffic violation notice:<\/strong> The deadline is usually indicated on the report itself. Don't miss it.<\/li>\n<\/ul>\n

      What not to do<\/h2>\n
        \n
      • Do not lie and do not give a false identity.<\/strong> Keeping silent is a right; lying can become an offense.<\/li>\n
      • Do not resist physically, even if you believe the intervention is unjust.<\/strong> The right time to contest the incident is afterward, through a complaint or in court\u2014not on the spot. Resisting arrest could lead to further charges.<\/li>\n
      • Do not consent to a search simply out of reflex.<\/strong> The police can search you in certain situations, even without arresting you. But you are not obligated to consent to a search that is not justified. You can calmly say, "I do not consent to this search." Do not physically obstruct the officer.<\/li>\n
      • Don't argue your case on the side of the road.<\/strong> Don't try to argue the law or convince the police officer that he's wrong. Instead, note what happens.<\/li>\n
      • Do not delete your recordings.<\/strong> Your videos can become your best evidence.<\/li>\n
      • Don't stay alone with a feeling of injustice.<\/strong> If you believe you have been targeted because of your origin or skin color, it's not "all in your head" \u2014 racial profiling is recognized by Quebec courts. Talk about it and seek support.<\/li>\n<\/ul>\n

        LAKAY can assist you<\/h2>\n

        You don't have to go through this alone. LAKAY offers free and confidential support to immigrants and racialized people in Repentigny and the Lanaudi\u00e8re region. We can help you document what happened, understand your legal options, and, if you wish, prepare a complaint or connect you with the appropriate legal resources.<\/p>\n

        LAKAY<\/strong>
        \n818 Notre-Dame Street, Suite 202, Repentigny, Quebec
        \nTelephone: 514 532-0484
        \nWebsite: lakaymedia.org
        \nFacebook: facebook.com\/lakayrepentigny<\/p>\n

        For support in an interception or profiling case, contact us and ask for our rights support service.<\/em><\/p>\n

        \n

        This guide provides general information on the law in force in Quebec. It does not replace legal advice tailored to your specific situation. For advice on a specific case, consult a lawyer or contact LAKAY, who can guide you.<\/em><\/p>","protected":false},"excerpt":{"rendered":"

        Vos droits lors d’une interception polici\u00e8re au Qu\u00e9bec : droit au silence, quand vous devez vous identifier, comment r\u00e9agir calmement et documenter l’intervention.<\/p>","protected":false},"author":1,"featured_media":119624,"comment_status":"closed","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"content-type":"","_price":"","_stock":"","_tribe_ticket_header":"","_tribe_default_ticket_provider":"","_tribe_ticket_capacity":"","_ticket_start_date":"","_ticket_end_date":"","_tribe_ticket_show_description":"","_tribe_ticket_show_not_going":false,"_tribe_ticket_use_global_stock":"","_tribe_ticket_global_stock_level":"","_global_stock_mode":"","_global_stock_cap":"","_tribe_rsvp_for_event":"","_tribe_ticket_going_count":"","_tribe_ticket_not_going_count":"","_tribe_tickets_list":"[]","_tribe_ticket_has_attendee_info_fields":false,"footnotes":""},"categories":[35],"tags":[],"class_list":["post-119572","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-racisme-profilage-racial"],"_links":{"self":[{"href":"https:\/\/lakaymedia.org\/en\/wp-json\/wp\/v2\/posts\/119572","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/lakaymedia.org\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/lakaymedia.org\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/lakaymedia.org\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/lakaymedia.org\/en\/wp-json\/wp\/v2\/comments?post=119572"}],"version-history":[{"count":1,"href":"https:\/\/lakaymedia.org\/en\/wp-json\/wp\/v2\/posts\/119572\/revisions"}],"predecessor-version":[{"id":119573,"href":"https:\/\/lakaymedia.org\/en\/wp-json\/wp\/v2\/posts\/119572\/revisions\/119573"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/lakaymedia.org\/en\/wp-json\/wp\/v2\/media\/119624"}],"wp:attachment":[{"href":"https:\/\/lakaymedia.org\/en\/wp-json\/wp\/v2\/media?parent=119572"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/lakaymedia.org\/en\/wp-json\/wp\/v2\/categories?post=119572"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/lakaymedia.org\/en\/wp-json\/wp\/v2\/tags?post=119572"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}