The Canadian Charter of Rights and Freedoms (also known as The Charter of Rights and Freedoms or simply the Charter, French: La Charte canadienne des droits et libertés) is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982. The Charter guarantees certain political rights to Canadian citizens and civil rights of everyone in Canada from the policies and actions of all areas and levels of government. It is designed to unify Canadians around a set of principles that embody those rights. The Charter was signed into law by Queen Elizabeth II of Canada on April 17, 1982 (along with the rest of the Act).
The Ontario Provincial Police is infamous for unlawful arrests and detention of citizens. Officers also believe they can stop any motor vehicle on a highway and demand to see the driver's license, ownership and insurance. There is ample case law that stipulates an officer still has to have a reason for stopping a vehicle. Just to check to see if a motorist is carrying their license, ownership and insurance with them is not sufficient grounds to conduct a vehicle stop. However, officers are famous for stating, "Just doing a routine stop mam/sir. Can I see your license, ownership and insurance please?" Another common occurrence is that many officers make up their grounds for arrest after taking a person into custody. If you feel that there was no lawful reason for your arrest then your subsequent detention by the officer constitutes a breach of your Charter of Rights and Freedoms. Furthermore, any search of your person and/or clothing would constitute an unlawful search. The continued detention of your person by transportation to the police detachment/station constitutes a 'continued detention' which is also another violation under the Charter. Furthermore, remember that a police officer is duty bound by law to advise you of your Rights to Counsel upon arrest. The officer is also bound by law to ask you two legislated questions and document your responses: “Do you understand?” and “Do you wish to call a lawyer now?”