Can you ask police to drop charges?

What happens if charges are dropped before court?

Can assault charges be dropped in Canada?

In order to answer these questions, we need to start with a quick lesson about how it works for the police to lay a charge. Typically, when the police decide to arrest someone for a criminal offence, like a domestic assault charge, the police officer will start by going over the person’s rights with them from the Charter of Rights and Freedoms (it is usually just called the Charter). The officer will tell the person:

• Why the person is being arrested

• About their right to speak to a lawyer

• Provide a police caution or a police warning about the right to silence

At that moment in time, when the officer is going over these Charter rights, the person is under arrest but has not been officially charged with a criminal offence yet. In order for a charge to be laid (or begin), police officers have to prepare a special type of document called “an Information” and then swear under oath with a court official that they believe the person committed a crime. If the police officer releases you at the same location where you were arrested, the officer, clearly, has not had the time or ability to swear under oath with a court official. So, in those cases, the police officers will complete the paperwork and swear the Information at some point between the date of arrest and the first court date. If you remain in custody with the police at the police station or at a remand centre (like the Winnipeg Remand Centre), then the police typically sweat the Information right away. Once the Information has been sworn, that is the moment in time that a charge is laid.

It is possible that the police may arrest someone, give them paperwork with a first court date, and then decide to not swear an Information or proceed with a criminal charge. If this happens, there is no charge that needs to be dropped because no charge was ever laid. However, this is quite rare and, in my estimate, happens in less than 1% of of all criminal cases.

There can also be cases where the police swear an Information and then the Crown Attorney reviews the file and determines the charges should be dropped. In Manitoba, the normal process is the Crown Attorney will enter a Stay of Proceedings (SOP). This can be done by the Crown Attorney submitting the necessary paperwork to the court office. This is different than withdrawing or dismissing a charge, as the prosecutor could decide to re-lay the charge and re-start the case within 1 year, but that is exceptionally rare.

So, it is possible for a charge to be dropped (or for a charge to not even be laid) prior to a first court appearance? The answer is yes, but it is pretty uncommon. Once a charge is dropped (or it is confirmed that the police will not swear an Information), then the release conditions that you have on an Undertaking, Recognizance, or Release Order for that charge are no longer in effect. For example, if there was a no contact order, then that condition would no longer apply. In order to ensure that you do not break your release conditions by accident, it is important to talk to your lawyer for confirmation before you do anything that was listed as a condition on a release order.

Just because a charge isn’t dropped on or before the first court date, it does not mean that the case is definitely going to have to end with a guilty plea or a trial. My job as a criminal defence lawyer is to advocate for my client and, if possible, persuade the Crown Attorney to not proceed on the charge and enter a Stay of Proceedings. Over my career, I have handled hundreds of cases involving domestic assault.

If you need help with a criminal charge, you can contact Michael Dyck immediately at 204-318-6116.

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Can the victim drop assault charges in Canada?

Can assault charges be dropped by the victim in Manitoba?

Can complainant drop charges?

Often, the words “victim” and “complainant” are used interchangeably. I prefer to use the word complainant until the accused person has plead guilty or been found guilty after a trial.

In many cases, my clients think that the complainant has the power to drop criminal charges. This is because we watch a lot of American TV shows and movies which show a complainant being able to make a decision with the police officers if a charge should be laid or not. However, that is not the case in Canada. Here, it is up to police officers to decide if a person should be arrested and charged. (But, it is true in some cases that a Crown Attorney in Manitoba will review the information the police gathered and tell them not to proceed with laying a charge.) So, a complainant cannot decide if a person should be charged or not, that decision is up to the police. In Manitoba, there is a zero tolerance policy for domestic violence charges, so even if a complainant is uncooperative with police and says that they do not want a charge, the police must proceed with an arrest.

After a charge is laid, then it is up to the prosecutor, also known as a Crown Attorney, to decide if the charge should proceed or be dropped. If the Crown Attorney thinks the charge should proceed, then it is up to an accused person to decide if they want to plead guilty or set a trial date. If the Crown Attorney in Manitoba thinks the charge should not proceed, then a Stay of Proceedings (SOP) is entered and the charge is dropped.

So, does that mean that whatever the complainant thinks or wants to see happen will have no impact on the case? Because, after all, it is up to the police and the Crown Attorney to decide what happens in the case. That is not really how it works either. Complainants can provide their input to Victim Services, which is another provincial government agency. Victim Services then forwards information to the assigned Crown Attorney who will evaluate the case and determine how to proceed. Victim Services often wants to know:

• whether the complainant was telling the police the truth or not when they provided a statement to the police,

• whether or not there is a history of reported or unreported criminal offences,

• whether the complainant is afraid of the accused or wants to resume contact with the accused, and

• whether the complainant wants to cooperate with the prosecution by coming to court to testify (if necessary) or if the complainant will be uncooperative with the justice system process.

So, the ultimate decision to proceed with a charge or not remains with the Crown Attorney. This is one reason why many people want to hire a criminal defence lawyer to help them with their case because it may be possible for your lawyer to persuade the Crown Attorney to enter a Stay of Proceedings in your case.

It is important to highlight that an accused person should never communicate with a complainant or a witness to try and get charges dropped. In most cases, there is already a no contact order between the accused and any complainants or witnesses. So, it would be a crime for the accused to say “hello” to a person who is listed on the no contact order, never-mind discussions about the case itself. Many people would refer to this as witness tampering, but the criminal offence for this is called obstruction of justice and it is at section 139(2) of the Criminal Code:

139(2)
Every person who intentionally attempts in any manner other than a manner described in subsection (1) to obstruct, pervert or defeat the course of justice is guilty of
(a) an indictable offence and liable to imprisonment for a term of not more than 10 years; or
(b) an offence punishable on summary conviction.

139(3)
Without restricting the generality of subsection (2), every one shall be deemed wilfully to attempt to obstruct, pervert or defeat the course of justice who in a judicial proceeding, existing or proposed,
(a) dissuades or attempts to dissuade a person by threats, bribes or other corrupt means from giving evidence;
(b) influences or attempts to influence by threats, bribes or other corrupt means a person in his conduct as a juror; or
(c) accepts or obtains, agrees to accept or attempts to obtain a bribe or other corrupt consideration to abstain from giving evidence, or to do or to refrain from doing anything as a juror.

In my experience, most people who are convicted for obstruction of justice receive a jail sentence and it is an offence that Judges take pretty seriously. So, an accused person should NOT tell a complainant to go to Victim Services or to try and get the charges dropped. A complainant should make whatever decision they want without any help, encouragement, or influence from the accused person. The right and best thing to do is to work with a criminal defence lawyer to deal with the charges.

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Can I take my statement back from police?

What happens after you give a statement to the police?

Can I withdraw my statement in a domestic violence case?

Statements with police officers come in a few different forms:

1. Informal statement. A person can say things to the police officer, who then makes notes in a notebook about what was said. Sometimes, the officer may ask the person to sign the notebook to confirm the officer recorded the notes accurately.

2. Formal written statement. These are fairly common in domestic violence cases. A police officer asks the person questions and then writes down the replies. At the end, the person can review what the officer wrote to ensure it was recorded accurately and then the person signs at the bottom of the page.

3. Formal audio statement. In some cases, more often with police officers in rural settings, an officer may have an audio recording device and will ask the person question and record the replies. An audio file is then created and shared with the Crown Attorney and the accused.

4. Formal audio/visual statement. The person goes with the police officer to a police station where the police can use cameras and microphones to record what the person says and how they say it. An video file is then created and shared with the Crown Attorney and the accused.

5. Formal audio/visual statement under oath. This is the same as a formal audio/visual statement, except the statement is made under oath, just like how a person would testify under oath in front of a Judge at a trial. A police officer who is also appointed as a Commissioner for Oaths would ask the person if they want to affirm their evidence or swear on a Bible. Then, if the person says something different later in court under oath, they could be charged with perjury for lying under oath.

If a person makes a statement with a police officer and describes how someone else committed a criminal offence, but then later admits that what they told the police was a lie, the person could be charged with a criminal offence called public mischief, under section 140(1) of the Criminal Code:

Every one commits public mischief who, with intent to mislead, causes a peace officer to enter on or continue an investigation by
(a) making a false statement that accuses some other person of having committed an offence;
(b) doing anything intended to cause some other person to be suspected of having committed an offence that the other person has not committed, or to divert suspicion from himself;
(c) reporting that an offence has been committed when it has not been committed; or
(d) reporting or in any other way making it known or causing it to be made known that he or some other person has died when he or that other person has not died.

This is both a good thing and a bad thing. This is a good thing because it is illegal to report a false crime. As a society, we should be discouraging people from going to the police and making a false police report just to get someone else in trouble. However, this can be a bad thing because in cases where people have already lied and made a false police report, they may not be keen to come forward now and admit they lied in their police statement, because they could then be charged with public mischief. Most people want to avoid being charged with a criminal offence, so some people may not come forward and admit they lied to the police because they are worried about what could happen to them.

My role as a criminal defence lawyer is not to assist a witness, complainant, or victim in criminal cases. I cannot help someone recant a statement they made to the police. My role is to assist my client, the person who has been charged with an offence. The best thing for a person to do if they’ve been charged with a criminal offence is to contact me so we can start working on the case together.

If you need help with a criminal charge, you can contact Michael Dyck immediately at 204-318-6116.

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• Impaired Driving or DUIs

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About the author

Michael Dyck is a partner at Rees Dyck Rogala Law Offices. He represents clients primarily from Winnipeg, Steinbach, and rural Manitoba. He has extensive experience helping people charged with criminal offences and focuses on building legal strategy with clients.

Does Canada have a version of Miranda rights?

What are your Miranda rights in Canada?

Do police read rights in Canada?

Does Canada have the right to remain silent?

The reason that most of us have heard of Miranda rights before is because we watch a lot of American TV shows and movies. When an American police officer is arresting someone, we see how the police go over these Miranda rights. You may hear a police officer say something like:

You have the right to remain silent. Anything you say can be used against you in court. You have the right to an attorney. If you cannot afford an attorney, one will be appointed for you.

Miranda rights come from a 1966 American Supreme Court case called “Miranda v. Arizona”. In Canada, our legal system is clearly not identical to the one in the United States. We do not have Miranda rights in Canada, but we have something pretty similar. There are many legal rights that are part of our Constitution in the Charter of Rights and Freedoms (it is usually just called the Charter or Charter rights). When a police officer arrests you in Canada, you should expect to receive the following legal rights and hear something like this:

• Why you are being arrested, in other words, what is the alleged criminal offence. This is part of section 11(a) of the Charter. For example, “You are under arrest for assault.”

• About your right to speak to a lawyer. This is part of section 11(b) of the Charter. “You have the right to retain and instruct counsel in private without delay. This means that before we proceed with our investigation you may call any lawyer you wish or get free legal advice from Duty Counsel immediately. If you want to call Duty Counsel we will provide you with a telephone and telephone numbers. If you wish to contact any other lawyer, a telephone and a telephone book will be provided. If you are charged with an offence, you may also apply to Legal Aid for assistance. Do you understand? Do you want to call Duty Counsel or any other lawyer?

• Provided with a police caution or a police warning about the right to silence. This is part of section 7 of the Charter as a part of fundamental justice. “You need not say anything. You have nothing to hope from any promise or favour and nothing to fear from any threat, whether or not you say anything. Anything you say may be used as evidence.”

One of the main differences between Miranda rights and Charter rights is in Canada you do NOT have a right to have a lawyer with you in the room while you are being interviewed by the police (unless you are under 18 years old). Our Supreme Court confirmed this in a 2010 decision, R. v. Sinclair, 2010 SCC 35.

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WHAT TO DO IF YOU ARE BEING READ YOUR RIGHTS

If the police ever tell you that you have a right to speak to a lawyer, make sure that you use that right. After the police explain your right to counsel, you can tell them that you understand. Then, they’ll ask if you want to contact a lawyer and you should tell them, “yes, I want to talk to a lawyer.” Be clear. Don’t say “maybe later” or “not right now.” Say yes. At that point, you can request to talk to a specific lawyer or ask to talk to the 24/7 on-call lawyer from Legal Aid. Keep in mind, the lawyer from Legal Aid is only being paid to give you advice over the phone and is not assigned as your lawyer for the whole case. The police can use the internet to look up a lawyer’s phone number if you do not have it handy or memorized.

Next, you want to use your right to remain silent. I tell clients that they are allowed to tell the police 3 pieces of information when they are under arrest or during a police interview; your name, your birthdate, and your address. That’s it. If the police ask any other questions, you can literally keep your mouth shut and refuse to answer or say something like “no comment” or “my lawyer advised me not to make a statement.” Any information you provide to the police can be used as evidence AGAINST you. It will not be used by the police as evidence to ASSIST you or exonerate you. Also, it is a problem if you lie to the police because then if you testify in court and your story changes, the prosecutor can accuse you of either lying to the police or lying to the judge.

If you need help with a criminal charge, you can contact Michael Dyck immediately at 204-318-6116.

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About the author

Michael Dyck is a partner at Rees Dyck Rogala Law Offices. He represents clients primarily from Winnipeg, Steinbach, and rural Manitoba. He has extensive experience helping people charged with criminal offences and focuses on building legal strategy with clients.

What is all included in domestic violence?

What is required for the assault to be considered domestic?

What is considered domestic violence in Canada?

This article is going to help explain a bit about what domestic violence is and how the justice system works in Manitoba. If you have been charged with a domestic assault or another domestic violence offence, I am hoping this will help answer some of your preliminary questions.

In the Criminal Code, there is no specific charge of “domestic violence” or “domestic assault.” Section 265 of the Criminal Code defines what assault is and section 266 outlines what the maximum punishment is for assault. But there is no description or definition of a domestic assault. However, the Criminal Code tells Judges that they must consider if a victim of a crime is an intimate partner when deciding what a fit and appropriate sentence or punishment is. Additionally, section 718.201 of the Criminal Code says:

A court that imposes a sentence in respect of an offence that involved the abuse of an intimate partner shall consider the increased vulnerability of female persons who are victims, giving particular attention to the circumstances of Aboriginal female victims.

So, domestic violence charges are treated a differently than non-domestic violence cases. In order to be called a “domestic violence” charge, there must be two things:

1. The relationship between the accused and the complainant is, or was, a romantic relationship. This includes any relationship where the two people are engaged in a sexual or romantic relationship such as a casual relationship, boyfriend/girlfriend, common law, or marriage. The two people do not have to still be in a relationship at the time the complaint is made, as long as they were in a romantic relationship at some point.

2. There is a criminal charge or offence that is reported. The most common charge we see in domestic violence situations is assault, but domestic violence includes all types of assaults such as assault with a weapon, assault causing bodily harm, aggravated assault, and sexual assault. It also includes other types of crimes that may not seem like other violent offences, such as uttering threats, forcible confinement, criminal harassment, and property offences - like mischief to property under $5,000.

In Winnipeg, criminal cases are sorted into one of two categories; domestic violence or non-domestic violence. Domestic violence cases are so common that Manitoba Justice has two entire units of Crown Attorneys in Winnipeg assigned to deal with these cases (Domestic Violence Intensive Case Assessment Process Unit and the Domestic Violence Unit). Over my career, I have handled hundreds of cases involving domestic assault.

Additionally, in Manitoba, there is a zero tolerance policy for domestic violence cases. What this means is that as soon as police officers receive information that a criminal offence has occurred in the context of a domestic relationship, they must make an arrest. In some cases, a complainant does not want to make a formal or signed statement with the police, but that is not necessary for the police to make an arrest. Unlike American TV shows and movies, a complainant does not get to decide to lay a charge or not. That decision is up to the police officers. Then, once a charge is laid, the Crown Attorney (prosecutor) is the only person that can decide if the charge should proceed or if it should be dropped.

If you need help with a domestic violence charge, you can contact Michael Dyck immediately at 204-318-6116.

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WHAT HAPPENS AFTER I AM CHARGED WITH DOMESTIC ASSAULT?

In many cases, the police officers who arrest you will release you with a court date and some rules or conditions you need to follow. In other cases, you may be kept in custody and then released with the consent of a Crown Attorney or if a Judge grants your release from custody after a bail application. Typically, the conditions are part of an Undertaking, but they can also be part of a Recognizance or a Release Order. All of these, including an Undertaking, are court orders and if you break the rules or conditions on them, you are committing a criminal offence and you could be arrested and charged. The conditions remain in effect until the court case is complete; the charges are dropped, you have plead guilty and received your punishment from the Judge, or the trial has finished. There are ways to vary or change these court orders, but you may want to talk to a lawyer to get more information about how that works and whether it is worthwhile to try to do that.

The most common condition on your paperwork is a no contact order, or an NCO, with the person who made the complaint to the police. In some cases, you may be happy to follow the NCO. But in many cases, you will still want to communicate with your partner, especially if you share children together. It does not matter if your partner initiates the contact or says that they would like to talk to you. The court order is in place and it says you are not allowed to contact the other person. It is important that you connect with a criminal defence lawyer quickly to start getting advice about how you should proceed in your case.

Along with the conditions, there is a first court date on the paperwork that the police give you. You are required to appear in court unless you have hired a criminal lawyer and the lawyer confirmed that you do not need to attend. As well, there may be a date for you to complete fingerprinting and photographs at the police station if the police did not complete these things at the time of your arrest. If you do not attend to the police station on time for this, you can be charged with a new criminal offence and a warrant can be issued for your arrest.

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How do you win a domestic violence case?

Does domestic assault go on your record?

Many people who are charged with a domestic violence offence have never been arrested before. This means that they often have a lot of questions about what will happen in their case. The best thing to do is arrange a meeting with a defence lawyer who can help answer all of your questions and start working on your case. If you haven’t needed to hire a criminal defence lawyer before, you can read a previous post I wrote, called, “Finding the Best Criminal Lawyer - Is Your Lawyer Legit or Full of It.”

In my opinion, a “win” on a domestic assault case is where the client can walk away without a criminal conviction or a criminal record. For most people, that is the top priority and secondary priorities may include avoiding a jail sentence or having the matter dealt with as quickly as possible. This means that my first approach is to see if there is a way to have the Crown Attorney agree to drop the charges, because that guarantees the client will not get a criminal record. I think it is also important to tell my clients what a Diversion program is, how it works, and whether or not they would be eligible for it. In some cases, we have to proceed to a trial where a Judge decides if the Crown Attorney has proved the offence beyond a reasonable doubt. However, most cases in the justice system are worked out without having to go to a trial.

Just because a person has been charged with an offence, it does not mean that they are guilty and it does not mean they have a criminal record. The way a person would receive a criminal record is if they plead guilty, or are found guilty after a trial, and the Judge imposes a sentence such as a suspended sentence with probation, a fine, or a jail sentence.

If you need help with a domestic violence charge, you can contact Michael Dyck immediately at 204-318-6116.

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Related articles

• Can you have alcohol in your car?

• Can you have pot in your car?

• Impaired Driving or DUIs

• Preventing a Break and Enter in Your Home: Tips From a Criminal Defence Lawyer

About the author

Michael Dyck is a partner at Rees Dyck Rogala Law Offices. He represents clients primarily from Winnipeg, Steinbach, and rural Manitoba. He has extensive experience helping people charged with criminal offences and focuses on building legal strategy with clients.

What should you NOT do during a traffic stop?

What can cops do during a traffic stop?

What am I legally required to do during a traffic stop?

What can an officer do during a traffic stop?

What to say if a cop pulls you over?

What is the police procedure for a traffic stop?

I’m sure these are the types of questions that cross your mind if you’re driving and see a police car is immediately behind you with the lights or siren on. Sometimes you know why the officer is stopping you and sometimes you don’t. In any event, it is helpful for you to know what you can do to both protect yourself and make the process as smooth as possible for everyone.

To get you the best information, most of the tips in this post are from a Winnipeg Police Service officer and a Manitoba RCMP officer. Finally, some of the information is from me, a criminal defence lawyer, so you can also takes steps to protect yourself when you’re pulled over. The information in this post is going to be referring to Manitoba’s Highway Traffic Act. The provincial laws may be different for you, but I think most of the tips here are helpful for all Canadians.

When

is an officer allowed to pull you over?

There are three main scenarios where an officer can initiate a traffic stop or pull you over:

1. The officer observes you committing a crime that is in the Criminal Code of Canada, like you are driving a stolen vehicle,

2. The officer observes you committing an offence that is in a provincial regulation, like using a cell phone while driving, or

3. If you are doing absolutely nothing wrong, but the officer wants to check to see if you have a valid driver’s licence, confirm the vehicle is properly registered, determine your sobriety, or inspect the vehicle to make sure it is safe.

So, even if you are driving perfectly fine, an officer is allowed to initiate a traffic stop to check if you have a valid licence or not. Many police cars have automatic licence plate scanners that can notify the officer if a vehicle is stolen, unregistered, and who the registered owner is. If the owner is female but there is a male driver, the officer may pull the car over to make sure the driver has permission to drive that vehicle.

How

are you supposed to pull over?

The Manitoba Highway Traffic Act s. 76.1(1) says that when an officer is attempting to pull you over, you:

shall immediately come to a safe stop and remain stopped until permitted by the peace officer to depart.

The Criminal Code s. 320.17 says:

Everyone commits an offence who operates a motor vehicle or vessel while being pursued by a peace officer and who fails, without reasonable excuse, to stop the motor vehicle or vessel as soon as is reasonable in the circumstances.

You don’t have to be a legal scholar to understand that once an officer is trying to pull you over, you need to stop right away. This doesn’t mean that you slam your brakes to the floor and veer right without looking. You still need to pull over safely. If you can, pull over to the right and stop within a few seconds. It is more important to stop quickly than it is to stop in an ideal spot.

If you are on a multilane highway, do not stop in one of the passing lanes. Signal and turn into the furthest right lane and then come to a stop on the shoulder or side of the road. You want to drive your vehicle over to the right side of the roadway and as far off the roadway as possible so that you are out of the way of other traffic and can reduce the chances of being struck by another vehicle.

If you're in the median lane and there is grid lock, you can wait for the next exit, turn left on to a side street, and then pull over where it is less busy. If there is a parking lot immediately nearby and that looks like the best option, then head there. Basically, if you see a good spot, then you can head there, but do not continue driving just to look for a good spot to pull over.

In the rare case that there isn't a safe spot to pull over and you have to briefly keep driving, then drive slowly and turn on your 4-way flashers. This will signal the officer that you understand you're being pulled over. In those cases, the officer is performing a continuous risk assessment and will be gauging the driver’s behaviour to interpret their intentions. If you pull over to the right hand side and continue driving slowly, then it can indicate to the police officer that there is no intent to flee, which changes the officer’s risk assessment of the situation and the response.

If there is a perfectly good spot to pull over and you pass by it, the officer may think you're not going to stop at all and it likely the officer will escalated his/her response by calling for back up or maybe even the police helicopter. If it takes too long for the driver to pull over, the police may think that an escape plan is being formulated. Normally, it should be less than 30 seconds between when the officer activates the emergency lights or siren and when your vehicle comes to a stop.

What

should you do right after you stop?

Put the vehicle in park. Turn off the radio or any music that is playing. Leave the vehicle running if you’d prefer that, but you should obviously turn it off if the officer tells you to. Stay in your vehicle unless instructed by the officer. Keep your seat belt on.

Wait as the officer completes some computer checks (vehicle not stolen, valid registration, no warrant for registered owner) before approaching your vehicle. Do not start searching through your vehicle for licence/registration (but know where to find them in the vehicle) because too much movement by a driver may change the officer’s risk assessment. If you don’t have your physical driver’s licence card or registration paperwork in the vehicle, you can tell the officer and they can verify if your licence and registration are active in the computer. The officer can still issue you a ticket for not having the documents with you, so be prepared for that and try to be courteous.

Roll down your window as the officer approaches your vehicle. Do not have your licence and registration in your hand hanging outside the window as the officer approaches (it can come across as rude). If the officer doesn’t immediately tell you why you were pulled over, it is okay to ask, but that shouldn't be the first thing out of your mouth. Try and be polite and courteous and you’ll find most officers will be the same. Having said that, some police officers may sometimes be in an irritable mood. In those cases, it is always a good idea to do your best to be polite and respectful.

If requested by the officer, you MUST tell them your name, birthdate, and address and/or provide your licence and registration documents. There are several subjects that the officer is allowed to ask you about that you DO NOT have to answer. If the officer asks you any of these questions, you can simply say “no comment.”

1. Have you consumed any alcohol or drugs prior to or while you were driving?

2. Are you experiencing a physical or mental condition that may affect your driving ability?

3. Any questions about the vehicle’s mechanical condition (e.g. did you know the tint on your windows is not legal?)

The officer may ask you where you are coming from, where you are going, or what brings you to the area. You can answer those questions, but I would not tell the officer that you are coming from a place that sells alcohol or cannabis products. Trying to come up with a lie on the spot is also a bad idea, so you can simply say “no comment.” If you are not transporting those things legally, the officer can issue you a ticket for improper storage. To learn more about how to transport alcohol properly, click here. To learn more about how to transport cannabis properly, click here.

Try not to fidget or reach for items in the car unless the officer tells you to get something.

If the officer tells you that you were pulled over for not using a left turn signal and you still appear really nervous, the officer may start paying attention to other details to determine if a drug or weapons investigation should begin.

If the officer asks a passenger a question, let the passenger answer it. Under s. 76.1(5) of the Highway Traffic Act, a passenger ONLY has to provide his or her name, birthdate, and address to the officer.

Blow

into the roadside test machine

After major updates to the Criminal Code in December 2018, police officers are allowed to demand a roadside breath test and force drivers to do it if the officer has an approved screening device (ASD) with him/her. The officer doesn’t have to smell alcoholic drinks on your breath or get you to admit you’ve been drinking. If you tell the officer “no” or if you do not provide a breath sample properly, you can be charged with a criminal offence, commonly called “a refusal.” The punishments for refusal are the same (or worse) for an impaired driving charge or driving at/over the limit of 80 mg%. For more information about how this works and what you need to do for roadside breath tests, please click here.

Wait

I want to call my lawyer!

During a traffic stop, you DO NOT have the right to speak to a lawyer. In fact, s. 76.1(6) says:

A peace officer is not required to inform a driver or passenger of his or her right to counsel, or to give the driver or passenger the opportunity to consult counsel, before doing anything subsection (4) or (5) authorizes.

However, if the officer places you under arrest for a criminal offence (e.g. possession of stolen property, driving while impaired, possession of drugs), then your right to counsel under s. 10(b) of the Charter of Rights and Freedoms is engaged. The officer must tell you about your right to contact a lawyer and then ask if you would like to do so. At that point, you should tell the officer you would like to talk to a lawyer and you can request to speak with me, Michael Dyck.

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• Preventing a Break and Enter in Your Home: Tips From a Criminal Defence Lawyer

About the author

Michael Dyck is a partner at Rees Dyck Rogala Law Offices. He represents clients primarily from Winnipeg, Steinbach, and rural Manitoba. He has extensive experience helping people charged with criminal offences and focuses on building legal strategy with clients.

Manitoba Court Closures (Coronavirus / COVID 19 Response) - Fall 2020

On November 10, 2020, after the Province of Manitoba announced a province-wide red alert to deal with the increase in our COVID-19 rate, the Courts in Manitoba responded by shutting down most hearings for the next month. The initial announcement from the Provincial Court was on November 12, 2020. As the Province of Manitoba provided further updates about COVID-19 measures, the courts have extended the shutdown with a second announcement on November 30, 2020. Again on December 30, 2020, the courts extended the shutdown with a third announcement and are keeping courts closed until January 29, 2021.

Because most of the criminal cases are handled by the Provincial Court, I am going to focus on what you need to know to confirm when your next court date will be.

I will also endeavour to update this post as I receive updated information from the courts, so you can come back here. This post was last updated on January 6, 2021 at 4:47 pm.

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The shutdown was supposed to end on Dec. 11, but was extended to Jan. 29, 2021

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Provincial Court

On November 10, 2020, the Provincial Court of Manitoba sent out a notice that all courts would be cancelled except for major court centres (Winnipeg, Portage la Prairie, Brandon, Dauphin, The Pas, and Thompson) to handle in custody cases for both adults and youths. You can read the official notice by clicking here. If you are NOT in custody right now, you will NOT have a court appearance between November 12, 2020 and January 29, 2021. This means that first appearances, remand appearances, guilty plea dates, sentencing dates, and trial dates for people who are NOT in custody are all being cancelled and will have to be rescheduled.

What is my new court date?

If you do not have a lawyer but would like some help with your case, please click here to contact me and I would be happy to help you with your case. I am happy to arrange meetings by phone, video conference, or in person (on a case by case basis). We can also complete Legal Aid applications over the phone.

If you were recently arrested and released by the police with a court date between now and January 29, 2021, you can find out when your “new” first court appearance will be clicking on one of the links below.

• Winnipeg

  • Court date was between November 16 and December 11

  • Court date was between December 14 and December 31

  • Court date was between January 4 and January 8

  • Court date was between January 11 and January 29

• Winnipeg Legal Aid Administrative Court

  • Court date was December 8 at 9:30 am in courtroom 402

• Brandon, Thompson, The Pas, Dauphin, or Portage la Prairie

  • Court date was between November 16 and December 11

  • Court date was between December 14 and December 31

  • Court date was between January 4 and January 8

  • Court date was between January 11 and January 29

• All other rural court appearances

  • Court date was between November 16 and December 11

  • Court date was between December 14 and December 31

  • Court date was between January 4 and January 8

  • Court date was between January 11 and January 29

  • List of court locations that will not open court in the foreseeable future

You can always call the Provincial Court to confirm what your next court date will be at 204-945-3454, ext. 1 for English and then ext. 0 for reception.

If you have a lawyer already

If you have a lawyer, you can contact him or her to find out when your new court date will be. Please keep in mind, if you had a guilty plea date, sentencing date, or trial date arranged between November 12 and January 29, your lawyer will have to coordinate a new date with both the court office and the assigned Crown Attorney and that will take some time to organize. So please, be patient as we reschedule and finalize new dates. (If you are already a client of Rees Dyck Rogala, you can contact Kyra at Front Reception at our firm to confirm your next court date 204-415-5544 ext. 0).

Provincial Court - Northern Communities

On October 30, 2020, the Provincial Court of Manitoba sent out a notice that some court locations would not see court resuming until at least January 2021 (Brochet First Nations, Cross Lake, and Norway House). A list of other court locations did not expect to hold court for the foreseeable future (Gillam, God’s Lake Narrows, God’s River, Lac Brochet, Oxford House, Peguis, Poplar River, Pukatawgan, Shamattawa, South Indian Lake, Split Lake, and Waywayseecappo). There was a plan to return to several communities in November (Garden Hill, Churchill, St. Martin, and Sioux Valley). You can read the official notice by clicking here. However, after the announcement on November 30, 2020, all rural court dates are cancelled until at least January 8th.

Traffic Court at 373 Broadway

The Provincial Offences Court office at 373 Broadway will be closed to the public between November 12, 2020 and January 29, 2021. Any court appearances between those dates will have to be rescheduled. Click here to see the official court notice about traffic tickets. The court notice says that the new date and time will be sent to you, but you can also follow up with them directly by phone 204-945-3156 or 1-800-282-8069 ext 3156 or by email to poc@gov.mb.ca.

Manitoba Court of Queen’s Bench

On November 10, 2020, the Manitoba Court of Queen’s Bench announced that all matters scheduled to appear between November 16 to December 11 were cancelled, except for judge-alone criminal trials with an accused in custody. All jury trials that were going to start during this time will be rescheduled, but trials already in progress are allowed to finish. You can read the official notice by clicking here. The Court is prepared to allow virtual trials to proceed with permission from the Associate Chief Justice on a case-by-case basis. Many other judicial services that were being offered by video or audio conference are going to continue (including criminal, civil, family, and child protection matters).

Manitoba Court of Appeal

On November 2, 2020, the Manitoba Court of Appeal announced that all hearings would be conducted remotely (by telephone or video appearances) until further notice. You can read the official notice by clicking here. There were no updates or changes to this policy after the provincial announcement.

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About the author

Michael Dyck is a partner at Rees Dyck Rogala Law Offices. He represents clients primarily from Winnipeg, Steinbach, and rural Manitoba. He has extensive experience helping people charged with criminal offences and focuses on building legal strategy with clients. To read more of his articles, please visit his partner's website TomRees.ca.