We gratefully acknowledge the Windsor Police Service for providing the following
information for our website.
A Guide to
Police Practices
The Windsor Police Service is now in the process of getting the Guide translated
and printed in 8 other languages! Click here for more Information.

Language or cultural barriers should not limit your access to the police or legal services.
If you do not speak English, you should try to have a family member or friend assist you in legal matters. If this is not possible the Brantford Police Service maintains a list of bilingual police employees and community volunteer interpreters who can assist you. Never agree to or sign anything in a legal matter unless you fully understand what you are agreeing to. It’s your right!

The Canadian Charter of Rights and Freedoms establishes rights to protect you if arrested or detained by the police.

These rights include:

  • The right to be informed promptly of the reason you have been arrested or detained.
  • The right to retain and instruct counsel without delay and to be informed of the availability of free Legal Aid Counsel and how to obtain it.

The words, “without day” are interpreted to mean once the situation is in control and the safety of everyone is ensured.

If you are under 18 years of age you have the additional right of being able to speak with a parent or other appropriate adult as soon as possible. The police must inform and explain these rights to you.

Generally, the powers of search are dependant upon the circumstances and the beliefs of the officer.

If you are arrested, the police can search you and the immediate surroundings including your vehicle if you are in one. If you are being detained temporarily for investigation or for safety reasons, the police may ‘pat you down’ or frisk you, ensuring that you are not carrying a weapon.

If you’re in a car, this search could extend to a scan around the inside of the vehicle.

You can give permission to be searched to help alleviate suspicion. If you feel that a search is improper, deal with it later. A confrontation can make things worse.

In general, you are under no obligation to identify yourself to a police officer. However, there are exceptions including:

  • if you are driving a car
  • if you have committed a provincial offence such as a liquor or driving offence.

In these circumstances it is best to cooperate and answer the officer’s questions to avoid being arrested. If the police suspect that you have committed an offence or are acting suspiciously, they will want to know who you are. There are several reasons for telling the police who you are:

  • If the police are looking for someone else, you may avoid being arrested by showing that you are not that person.

  • If the police think that you have committed an offence, and you do not tell them who you are, they may arrest you and hold you at a police station until they find out who you are.

  • If the police think that you have committed a minor offence, and you identify yourself to their satisfaction, they may give you a ticket or a notice telling you when to appear in court rather than arresting you.

Most police officers are readily identifiable by their uniforms. On occasion, you may encounter officers who are not wearing a uniform. If you have any doubts as to the identity of the police officer, you are entitled to ask for proper identification.

Police can stop you under three general circumstances:

  • If the officer suspects that you have committed an offence.
  • If the officer actually sees you committing an offence.
  • If you are driving a vehicle.
The officer may ask your name, address, what you are doing or where you are going. In some cases, the officer may ask to see your identification. It is advisable to be polite and answer the officer’s questions.

Refusal to answer questions or being evasive may cause the officer to become more suspicious and to investigate more thoroughly. The goal for everyone should be toward attaining a resolution or solving the crime.

A police officer may ask to speak with you for reasons of which you are unaware. Police officers have the sworn duty to prevent and investigate crimes and to keep the peace. These duties entail interviewing potential witnesses of crimes and interviewing persons who, based on the circumstances appear to be suspicious.

If officers could be identified simply by the way they looked or dressed, it would be easy to be a police officer but the fact is police officers have to investigate. Do not take offence to a police officer asking questions. They are doing their jobs, preventing crimes for you and the rest of the community.

Points to remember:

  • Keep your hands where the officer can see them, and put things down that you may be holding in your hands when the officer asks you to.
  • Stay put and stay calm – never walk or run away from the police.
  • Attempting to leave will make the officer more suspicious and escalate the situation.
Yes, an officer is trained to advise persons the reason for which they are being stopped or detained. Our policy demands that persons being stopped or detained are to be treated in a courteous manner. The Brantford Police Service does not condone acts of unlawful profiling or bias-based policing. Our rules mandate that the person be advised the reason for the stop and if the officers are asked to identify themselves, they must do so in a proper and professional manner. The officer can be identified by their name tag which is above the right front shirt pocket.

Police have the authority to stop a car at any time to determine if the driver has consumed alcohol or drugs, if the car is mechanically fit, that the driver has a valid licence, and whether the car has valid insurance. The most likely reason is a traffic violation.

For many reasons, traffic stops are the most dangerous aspect of police work. More officers are injured or killed conducting routine traffic stops than any other function. Officers must interpret the actions and behaviour of the occupants of the vehicles, as well as constantly monitor other traffic. For these reasons, officers are trained in making safe vehicle stops and to follow a set procedure. The way they approach your car is not meant to intimate you.

If you are directed to stop by a police officer:

  • Slow down and pull as far off to the right side of the road as possible.

  • Stay inside your vehicle unless directed otherwise by the officer.

  • Keep your hands where the officer can see them and don’t make any sudden movements.

  • Be prepared to produce the necessary documents. As the driver of a car, you are required by law, upon demand of a police officer, to surrender a valid driver’s licence, the vehicle and plate portions of the vehicle permit, and proof of insurance to the officer. If these documents are in your pocket, purse or glove box, advise the officer and then retrieve them slowly.

As the driver, you are also accountable for the conduct of your passengers, especially if they are acting disorderly, throwing things out the window or hanging out of the window. You are responsible for passengers under 16 years of age.

If you are the victim of a crime, seek safety as soon as practicable and contact the police.

Write down as many details about the occurrence including the suspect and vehicle descriptions. Be accurate about your description. Don’t guess. If you don’t remember, say so.

Police will need details like clothing, hair colour, if they were wearing eye glasses, height, build, and any identifying scars or marks like tattoos.

If there was a vehicle involved, the police will need to know the make, colour, and licence plate (even if it is a partial plate number) including the province or state.

If you have witnessed a crime, try to get as much information as possible to assist the victim. Stay with the victim and wait for the police to arrive. Inform the officer that you are a witness.

The process for police complaints in Ontario has changed. For all matters relating to the conduct of an officer, policies or the services provided by the Brantford Police Service that have occurred on or after October 19, 2009, please visit the new Office of the Independent Police Review Director website for information. Alternatively, you may attend at the Brantford Police Service and speak to a supervisor in person who will explain the complaint process, provide you the forms, or possibly resolve your complaint by providing answers to your questions or concerns. For conduct, policy or service complaints prior to October 19, 2009, the information below still applies and will continue to be followed.
 The Brantford Police Service views the complaint process as a means of maintaining public accountability and confidence. This process allows us to examine and enhance our professionalism and the services that we provide to our community.

The Brantford Police Services Board receives regular reports from the Chief of Police and reviews the administration of the complaints system. The Ontario Civilian Police Commission (OCPC), formerly known as the Ontario Civilian Commission on Police Services (OCCPS), may, at any stage in the complaints process, act on its own initiative and direct the Chief of Police on how to process a complaint, or assign the investigation to another police service. A complainant has the right to ask for a review by OCPC at different stages of the process.

Type of Complaints:

  • Policies of, or services provided by a police service
  • Conduct of a police officer.

Making a Complaint:

Only the person directly affected by the incident may make a complaint. A complaint must be in writing and must be signed by the person making the complaint. The complaint may be in a letter or on a standard form, available from any police station or from the OCPC office in Toronto.

Pamphlets outlining the procedure for making a complaint are available at the front desk of the Brantford Police Service, or at any police station. Complaints must be filed within six months of the incident occurring.

Ontario Civilian Police Commission
250 Dundas Street West,
6th Floor Suite 605

Toronto, Ontario M7A 1Y6
Toll free: 1-888-515-5005
Toll free fax: 1-888-311-7555
Website: www.ocpc.ca.

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