Whether it’s a long weekend, the holidays, as part of some CounterAttack program or just because police feel like it, a police roadblock is a reality nearly all Canadian drivers are familiar with. In the vast majority of cases, motorists will pull up, show the officer their driver’s licence and insurance, and if there are no infractions detected the motorist is free to drive away.
Charged after being stopped at a roadblock? Give us a call. 604-685-8889.
But often, police will probe a lot further than simply asking for your licence and insurance papers. The most common one many drivers will have heard is a question to determine whether the driver is sober, something to the effect of, “have you had anything to drink tonight?”
Other times, however, police may ask more intrusive questions – or appear to be giving orders to the driver altogether. What do you have in the car? How much have you had to drink? Can you open your trunk? Show me what’s in your bag. Open up your glove compartment. Step outside your car. Turn out your pockets.
As you can imagine, most of these questions are likely well meaning. Officers may be looking for illegal contraband, weapons, stolen goods or perhaps they’re just curious and wanted to know why there’s a big hockey bag in the backseat.
So do you have to listen to police orders at a roadblock?
The first thing to remember is your right to silence. The Motor Vehicle Act only requires you to state your name and address, and the same of the owner of the vehicle. While police may place you under arrest and then undertake a search of the vehicle related to the arrest, you do not have to say anything.
…often, police will probe a lot further than simply asking for your licence and insurance papers.
Similarly, if police have not arrested you and are simply asking you questions, or even making demands, you do not have to respond other than by providing your driver’s licence and insurance information. While police have the right to stop your vehicle, the right to peek inside through the windows and the right to ask questions, you also have the right to remain silent, and the right to contact a lawyer immediately.
Police are not all-powerful at a roadblock. It has been well-established by the Supreme Court of Canada that unless police are attempting to stop a crime-in-progress, the power of law enforcement is actually quite limited at a roadblock.
Because roadblocks are actually considered by the courts to be a form of arbitrary detention, the Canadian Charter of Rights and Freedoms s. 9 kicks in which specifically protects the public from being arbitrary detained and imprisoned.
In fact, all roadblocks are in contravention of the Charter. This Charter breach is something actually acknowledged by the Supreme Court, but the courts also provide an exemption to the Charter for roadblocks, as long as certain criteria are met.
In one of Canada’s leading cases on the matter, R v. Mellenthin, the Supreme Court determined that, unless there are further reasonable and probable grounds to suspect a crime, officers at roadblocks should only check for:
- sobriety
- licences
- ownership
- insurance
- mechanical fitness of cars
What if police become suspicious at a roadblock, but otherwise have no proof of crimes?
This is the most common reason why a roadblock stop might escalate into something more. Say a police officer notices your hand noticeably shaking when you hand over the driver’s licence. Or perhaps when you’re looking for your insurance, police think they see something suspicious in your glove box, but are not sure what it is.
Or even more commonly, police think they smell something such as drugs, usually marijuana.
The legality of these cases is less clear, and often police will simply go ahead and pursue their investigation and worry about the consequences later. This means that a driver may well have his or her rights violated by police following improper procedures, but the officers’ actions will not be challenged until the case is properly tested in court.
In many cases, where officers have made mistakes are from improperly setting up roadblocks with the intention of catching all crimes.
In one case out of Saskatchewan, police even brought the canine unit to sniff for drugs or other contraband, which the Court of Appeal for Saskatchewan later determined was an unacceptable use of roadblocks. In the case, police stopped a driver and noticed a seatbelt violation and also a strange smell in the vehicle masked by air freshener.
The mistake was when police decided that was enough reason to continue investigating, and were even prepared to charge the driver with obstruction if he didn’t co-operate. Here’s where the court determined police made mistakes:
- requiring him to stop to search for illicit drugs
- questioning beyond road safety concerns
- compelling the driver to pull over for an extensive vehicle search
- further questioning after bringing the vehicle to the search area
- requiring the driver to exit the vehicle
The driver, who was initially charged with marijuana trafficking, had the charge against him successfully dismissed.
What happens when a driver avoids or flees?
Avoiding or fleeing a roadblock is not a good idea. Obviously, if you were already aware of a roadblock on a specific street and chose not to drive on that street, you have done nothing wrong. But if you are already approaching a roadblock and decide to make sudden manoeuvres to avoid having to stop, police will likely give chase.
Officers at roadblocks routinely keep their vehicle engines running to pursue drivers who attempt to run through or avoid roadblocks. When this happens, at the very least, the driver can be charged with Motor Vehicle violations such as failing to stop for police, all the way to Criminal Code violations such as dangerous driving, or even criminal negligence.
The best thing to do when confronted with a roadblock is not to flee or avoid it. Instead, understand that police powers at roadblocks are limited. And regardless of what officers tell you at the scene of the roadblock, when cases are tested, chances are many officers will find their knowledge of the law is insufficient or incorrect.
Know your rights at the roadblock. You are required to present a valid driver’s licence and your insurance documents at the roadblock, and officers are allowed to primarily seek for road safety violations. Anything beyond that and you may just have a defensible case.
Charged after being stopped at a roadblock? Give us a call. 604-685-8889.
Another obligation the dicks will smack you with us to state name and address which some moron in the past decided should be required by the BC motor vehicle act.
The problem with cops is their feeling of entitlement. At a dui road block they often ask where you’re coming from and where you’re going… to which you can reply that it’s none of their business. But then their feelings get hurt and they pull you to secondary just to make a point and waste your time. Either way you’re lower than them in their eyes
Your right it is none of their business but I find by using a little more discretion and say with all due respect sir but I am under no legal obligation to provide you with that information has always worked for me.
I just say im travelling. I am not driving, drivers get paid. They always ask where driving to so you admit driving but ya never say driving unless being paid to do so like truck driver, taxi driver, limo driver ect. If its on your time you are travelling not driving. Officer i am safely travelling on this road not putting others in anymore harm then they are putting me in by travelling safely. Never answer questions just crack jokes or talk about the weather or favorite sports teams.
View the documentary “Driving High”. Mark Kelley takes a look at the problems with DRE/SFST for cannabis and the injustices happening because of it. Fueled by emotional pleas from MADD, science has been hijacked in the name of public safety. Morons think we are inventing cannabis, not legalizing (their version is continued prohibition by severe inconvenience to users, medical users will never pass the upcoming roadside spit test…).
They think there is a huge impaired driving going to happen Oct 17, but the reality is users have been using and driving responsibly for 40 years, with no evidence of epidemic, or any significant contribution to highway carnage Under the INFLUENCE is not necessarily IMPAIRMENT, but they see Cheech and Chong driving with clouds of smoke billowing out of the windows and equate that to the millions of responsible citizens, drivers, and functioning, contributing citizens.
I just say im travelling. I am not driving, drivers get paid. They always ask where driving to so you admit driving but ya never say driving unless being paid to do so like truck driver, taxi driver, limo driver ect. If its on your time you are travelling not driving. Officer i am safely travelling on this road not putting others in anymore harm then they are putting me in by travelling safely. Never answer questions just crack jokes or talk about the weather or favorite sports teams.
I did a blow test, no weed all day and blew a 13. I have been smoking weed for many yrs. No difference then a cigarette. In my life i have met many that have 1 drink or puff off a joint and severely fucked up. The next has 8 drinks or 8 joints and cant even tell they had anything. But ya i obviously smell like weed, i smoke it and so do all my friends. And ya i blew over but the cop seen i was not acting weird and obviously in good shape to drive and let me continue travelling. I am a 50 yr old driving for 35 yrs the last 16 yrs been high and before that drunk. Knock on wood 0 accidents as high or drunk. 40 buck per month insurance, thats kinda obvious aint had accidents, my fault or theirs. Have a accident and impaired was the cause then throw them in jail what ever but harrassing those as criminals that have never hurt a person is bull shit. Arrested and charged but never hurt another person. Watched a movie about that. They arrest and charge before the fact.
All you need to say is “I dont answer questions” Thats it, thats all. And if they try to search, “I dont consent to searches.”
“So where you coming from tonight!”….
“No Offence Officer…but I don’t answer questions.
“So where are you headed tonight!”..
“Hey I told you just now I don’t answer questions!
“Have you had anything to drink tonight? “Smoked and marijuana, taken any drugs Tonight?”
“No I don’t do drugs and I don’t drink.”
“Have you had anything to drink in the past 3 days?
“I already answered that question!”
“Just asking.” “Have you had anything to drink in the past few days?”
“I am not answering any more trick questions.”
“License, registration and insurance.”
“Here they are.”
Hands them back…”so where you off to tonight?”
“I already told you I don’t answer personal questions!”
“Okay you are free to go.”
“You’re damn right I am.”
Cops are idiots.
Lol i do the same just not as direct. I just say i am safely travelling down this road. Many talk themselves into arrest. Even if arrested its still better to talk about the weather not answer their questions. Remember ” you have the right to remain silent, anything you say can and will be used against you”. No where does it say used in your defence. Every single word used against you so its best to politely not answer questions. Over time cops run your name and see notes of this guy knows his rights. Cops leave notes all the time. They know who is nieve, who is a snitch and who knows their rights.
This is completely wrong. Police cannot search your vehicle and roadblocks are illegal. We have the right to travel in Canada without being pulled over arbitrarily. Saying police can arrest you at a roadblock and then search your vehicle is false. This is called arbitrary detainment and is illegal. What kind of legal advice are you giving lol
I think what was meant is, they “can” not they are allowed to. My friend was transporting weed packed in tuna cans back in 2004, stopped at a roadblock, officer said whats in the cans, he said deer meat from my grandmas reserve, cop said ok im going to open one ok? My friend said something like, i dont legally have to let you, and the cop said, are you a MF’n Lawyer? Friend replies, no… but… and got punched in the face. Cop said again, im going to open one ok? Then he was charged with … get this…. possession of marijuana for trafficking and…. ASSAULTING AN OFFICER!
NWA said it best, F the Police! Used to listen to that back in the day, and at 35 I “still not lovin’ police” LOL
“Police can search your vehicle if you give them permission, or they have a warrant, or if they find you in it committing an offence, or if they have arrested you. They can also search your vehicle if they have reasonable grounds to believe that there may be illegal drugs, alcohol or weapons in it. (For example if they smell drugs or alcohol or if they see something illegal in plain view)” -Source: bccla.org
Regarding roadblocks, no they are not illegal. The courts DO recognize this as temporary arbitrary detainment (Section 9). However, they have made an exemption for roadblocks because of section 1 in the Charter. -Source: The Canadian Charter of Rights and Freedom
Everything written in this article has been factually correct. Every reputable website discussing this topic has stated the same thing as they did here. I think you need to brush up on BC law before slandering people who study the law for a living 😂