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Police Forum Police Head Mod: Skidmark
Questions & info about the Motor Vehicle Act. Mature discussion only.

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Old 03-01-2016, 06:10 AM   #26
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Originally Posted by ancient_510 View Post
Mostly true.
The only two questions you must correctly answer are "what is your name?" and "what is your address?".

To further the idea of remaining silent, I've made a handy reference chart:


Every single question and interaction with the police puts you at risk of being charged with an offence. Cooperation (beyond the legally required minimal level) never helps your case and can only harm it. Rules of Evidence A.2. Hearsay. Everything you tell the police, as the saying goes, can and will be used against you but it cannot be used for you.

A defence attorney talking to a police officer on the stand cannot ask "officer, would you tell the Court what the accused told you, because what the accused told you was actually good for my case."
If the defence tries that at trial, the Crown will object that it's hearsay; the judge will agree. The police will not be allowed, at you request, to tell the Court what the accused told him, no matter how good it may be for the accused's case.

Only one time have I been held at a roadblock for an extended period of time for refusing to answer questions. Every other interaction has been a 5-10 minute affair. Talk at me for 5 minutes, take licence and rego, go to cruiser, run my info, come back a few minutes later, instruct me to move on.
About the only thing correct in your post is the link to the Immigration and Refugee Board of Canada.
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Old 03-01-2016, 06:49 AM   #27
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Originally Posted by sho_bc View Post
About the only thing correct in your post is the link to the Immigration and Refugee Board of Canada.


He also spelled "Road Block" correctly. Let's give him credit where credit is due!!
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Old 03-01-2016, 04:33 PM   #28
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Quote:
Originally Posted by ancient_510 View Post
Mostly true.
The only two questions you must correctly answer are "what is your name?" and "what is your address?".


Only one time have I been held at a roadblock for an extended period of time for refusing to answer questions. Every other interaction has been a 5-10 minute affair. Talk at me for 5 minutes, take licence and rego, go to cruiser, run my info, come back a few minutes later, instruct me to move on.
Going through Counterattack Roadblocks, I drive by, roll down window, officer asks "Did you have any alcohol to drink?" I answer "No", and then I'm off and continuing along to where I was headed.

They don't even ask for my name and address. If the officer asks if you had anything to drink, do you just ignore him or tell him you have right to not answer? Why waste 5-10 minutes when you just have to say "No" assuming you didn't drink anything and be off after a few seconds of interaction.

Now, I've never gone through a roadblock after having a drink though (I have a strict no drinking and driving policy I adhere to) so I don't know what to tell you to do if you were drinking and get stopped at a Roadblock.

However, if I was an officer and you refused to answer all questions other than name and address, I might be more inclined to think you have something to hide even if you didn't.
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Old 03-02-2016, 05:16 PM   #29
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This thread reminds me of the time when a friend of mine who spoke lousy English who was driving arrived at a road block and the officer asked: "where are you coming from tonight" to which my friend replied "China"

Officer and everyone in the car had a good laugh, he was kind of clueless until his girlfriend smacked him
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