What is the difference between being arrested and being detained?
Though the two terms may seem to have the same meaning, Canadian law makes a distinction between detention and arrest. It is possible, for instance, to be detained by police without being arrested.
Being Arrested
You are considered under arrest by police if they take control of you and take away your ability to go where or to do as you wish. The police do not need to be absolutely sure that you are guilty of the offence. Rather, they only need reasonable grounds (stronger than a suspicion) to believe that you committed the crime in order to arrest you.
However, this reasonable belief must be based on evidence accumulated by police that connects you to the crime they are investigating.
Further, the arrest itself cannot be used by the police as a tool to advance their investigation (i.e. to collect evidence against you).
Further, the arrest itself cannot be used by the police as a tool to advance their investigation (i.e. to collect evidence against you).
If you are arrested, the police must tell you so clearly. You will then be taken into police custody and placed in a holding cell at the police station until your bail hearing (for more information, see Can I Access Quebec's Criminal Court System in English?).
Being Detained
You can be detained by police in different ways. Any situation in which a police officer restricts your freedoms of choice or movement can be considered detention.
These restrictions can be imposed by police through either physical or psychological methods.
Physical detention occurs when an officer physically stops you from leaving their presence or exerts physical control over your body (for example, being pulled over for a traffic violation, subjected to a “pat-down” body search, having your path blocked by officers who want to question you, etc.).
Psychological detention occurs when you reasonably believe, even without physical contact or interaction, that you are not free to leave the officer’s presence. Because of the intimidating power dynamic that can come from interacting with police, some people may feel they are not free to leave an officer’s presence unless told that they are able to do so.
Psychological detention occurs when you reasonably believe, even without physical contact or interaction, that you are not free to leave the officer’s presence. Because of the intimidating power dynamic that can come from interacting with police, some people may feel they are not free to leave an officer’s presence unless told that they are able to do so.
Police can detain you to gather information for their investigation of a criminal offence. However, they must have a reasonable suspicion (weaker than the reasonable belief needed to arrest) that you committed the offence they are investigating before they can detain you.
That being said, a police officer is allowed to ask you questions about their investigation, even if they do not believe you committed the offence they are investigating.
In this situation, the officer must make it clear that you are allowed to not answer their questions and are free to leave their presence. Otherwise, their conduct could sometimes be considered as a form of detention.
In this situation, the officer must make it clear that you are allowed to not answer their questions and are free to leave their presence. Otherwise, their conduct could sometimes be considered as a form of detention.
If you are stopped and questioned by a police officer, you have the right to ask if you are being arrested or detained. If they tell you that you are not, then you also have the right to leave the officer’s presence if you so choose.
What English-language rights do I have if I have been arrested or detained by Quebec police?
If you have been detained or arrested by police, you have certain rights under both Quebec and Canadian law. It is important for the police to respect these rights, otherwise any evidence against you that they collect during your detention or arrest may not be able to be used in court. Although not obligated to speak to you in English or your native language, the police must make sure you understand your rights while you are detained or arrested.
Your Rights Upon Arrest or Detention
The Canadian Charter of Rights and Freedoms states that once you have been arrested or detained by police, you have the right to:
Your Rights Upon Arrest or Detention
The Canadian Charter of Rights and Freedoms states that once you have been arrested or detained by police, you have the right to:
Remain silent while you are being questioned;
Be informed of the reason(s) why you are being arrested or detained (i.e. of the specific crime or charge);
Be told about legal aid;
Receive, in private, advice from a lawyer; and
Be informed of these rights.
These rights only take effect at the moment you have been detained or arrested. This means that you can ask the officer whether you have been detained or arrested to know if these Charter rights have been activated.
The right to receive advice from a lawyer means that you have the right to be given access to resources to contact a lawyer immediately upon your detention or arrest.
This means the officer must offer you access to a telephone and contact information for immediate and free legal aid resources.
It also means that you have the right to speak with a lawyer confidentially in a secure environment, and the arresting or detaining officer is obligated to provide you with this accommodation.
It also means that you have the right to speak with a lawyer confidentially in a secure environment, and the arresting or detaining officer is obligated to provide you with this accommodation.
If you are under the age of 18, you also have the right to have your parent(s) or guardian(s) and lawyer with you while being questioned by police. The detaining or arresting officer must tell you that you have this right.
Your Language Rights Upon Arrest or Detention
Quebec’s Charter of Human Rights and Freedoms further guarantees that anyone arrested or detained by police has the right to be informed of all their rights in a language that they understand.
It is important to know that if the police officer cannot speak to you in English or your native language, they are not obligated to do so. Regardless of any language barrier, however, the police must take other reasonable measures to make sure you understand your rights.
For example, the police officer could provide you with a translator, as courts have ruled in other provinces.
If available, the police officer could also provide you with information cards written in a language you understand.
If available, the police officer could also provide you with information cards written in a language you understand.
NOTE: In collaboration with the Translation Program at McGill University’s School of Continuing Studies, the QCGN has produced an English-language pamphlet of all your rights if you are ever arrested or detained by the police.
You can read this short pamphlet online by clicking here.
What English-language options do I have if I have been racially profiled by police?
What is Racial Profiling?
Racial profiling consists of any action taken by law enforcement that treats a person differently based only on their race, ethnicity, religion, or nationality, instead of being based on a reasonable suspicion that the person they are treating differently is connected to a matter of public safety.
In 2019, the Supreme Court of Canada ruled that racial profiling by police can violate a person’s Charter right to not be arbitrarily detained.
Racial profiling consists of any action taken by law enforcement that treats a person differently based only on their race, ethnicity, religion, or nationality, instead of being based on a reasonable suspicion that the person they are treating differently is connected to a matter of public safety.
In 2019, the Supreme Court of Canada ruled that racial profiling by police can violate a person’s Charter right to not be arbitrarily detained.
In this context, arbitrary detention occurs when you have been detained by police without any reasonable suspicion that you are connected to the crime they are investigating.
The Court stated that being detained by police through racial profiling (i.e. suspicion of a crime based solely on your race) is unreasonable and arbitrary, and therefore violates your Charter rights.
The Court stated that being detained by police through racial profiling (i.e. suspicion of a crime based solely on your race) is unreasonable and arbitrary, and therefore violates your Charter rights.
What Can I Do About Racial Profiling?
Listed below are the three main institutions that can help if you have been racially profiled by police.
The Quebec police Code of Ethics forbids any officer from “commit[ting] acts… based on race [or] colour”. Because of this rule, any incidences of racial profiling can be reported, in English, to the office of the Police Ethics Commissioner. An independent body, the Commissioner’s job is to make sure Quebec’s police force follows its code of ethics.
You can file your complaint online or at any police station.
You can either fill in the online complaint form, or you can download and fill out the PDF complaint form and submit it by mail.
You can either fill in the online complaint form, or you can download and fill out the PDF complaint form and submit it by mail.
If you believe you have been a target of racial profiling by Quebec police, you also have the option to file a complaint online, in English, with the Commission des droits de la personne et des droits de la jeunesse.
Click here to learn more information on racial profiling in Quebec.
Finally, if you want to file a complaint about racial profiling as a violation of your Canadian Charter rights, you can file a complaint online, in English, with the Canadian Human Rights Commission.
Can I access Quebec's criminal court system in English?
If you are arrested and charged with a crime, you must be brought before a judge for your bail hearing as soon as possible or, at most, within 24 hours of your arrest.
Whether it be for your bail hearing, plea agreement, or eventual trial, the Court of Quebec, Superior Court of Quebec, and municipal courts of Quebec can all hear criminal cases.
Whether it be for your bail hearing, plea agreement, or eventual trial, the Court of Quebec, Superior Court of Quebec, and municipal courts of Quebec can all hear criminal cases.
If accused of a crime and brought to trial, you have the right to have your case heard by a judge who speaks English.
Judging some large, complex criminal cases could take many years. To help accelerate this process, the Court of Quebec offers parties in a criminal case the option of participating in a Facilitation Conference in Criminal and Penal Matters.
You can click here to download the joint application form, in English.
For more information about the Facilitation Conference and how it works, visit the Court of Quebec website.
For more information about the Facilitation Conference and how it works, visit the Court of Quebec website.
For a list of directives and forms that may be needed during your criminal case in front of the Superior Court of Quebec (most of which are available in English), visit its webpages for their Montreal Criminal Division and Quebec City Criminal Division.
The Canadian Constitution gives you the right to access Quebec’s courts in both French and English. This means that you have the right to have your bail hearing, conference, and trial be conducted in English. This right also includes the ability to testify before the judge and have the court’s judgment on your case be delivered in English.
NOTE: On June 1, 2022, the Quebec government officially passed Bill 96, a new law that imposes new language rules upon the province’s court system. Controversially, this bill:
No longer requires that all judges appointed to Quebec courts have English-language skills;
Lets the Ministers of Justice and of the French Language decide which court districts (i.e. cities and towns) in Quebec may have judges with English-language skills; and
Requires all written English-language judgments to include a French-language translation.
Lets the Ministers of Justice and of the French Language decide which court districts (i.e. cities and towns) in Quebec may have judges with English-language skills; and
Requires all written English-language judgments to include a French-language translation.
This new bill could make it much harder for English-speakers in Quebec to access the court system in English.
It could make accessing an English-speaking judge in Quebec very difficult for English-speakers living in certain parts of the province.
It could also delay criminal case decisions, possibly keeping English-speakers within the criminal justice system longer than French-speakers charged with the same crime.
It could also delay criminal case decisions, possibly keeping English-speakers within the criminal justice system longer than French-speakers charged with the same crime.
The bill was long discussed in consultations before the Committee on Culture and Education at the National Assembly. More information will be provided as new developments emerge.
