Street Checks and Knowing Your Rights (Canada)

Nova Scotia’s Attorney General and Minister of Justice, Mark Furey, directed the province’s police force to stop using street checks as a quota system or performance measurement tool. His decision came in response to a street checks report that found Black Canadians were more likely to be stopped.

Furey described the findings as “alarming and unacceptable.”

Even some public officials have spoken about their own experiences. Halifax councillor Lindell Smith wrote that he had personally been stopped multiple times by officers, questioned while walking in and outside his neighbourhood, and followed by police cruisers while driving—experiences he said left him feeling humiliated and racially profiled.

Can Police Randomly Stop You?

Unless it is a traffic stop, police generally do not have the authority to randomly stop people. If you are driving or riding a bicycle, police can stop you and require you to provide your licence, insurance, and other documents as required by law.

Outside of those situations, police powers are limited to what is specifically authorized by legislation or common law. There is no general authority that allows officers to randomly stop people without a lawful reason.

Your Rights During a Street Check

If police stop you for a street check, you have certain rights:

• You may ask why you are being stopped.
• You may ask whether you are being detained or arrested.
• If you are not being detained, you generally have the right to leave.

It is important to remain calm and respectful. Police have broad discretion in how they interpret behaviour, and confrontational actions may escalate the situation.

Should You Consent to a Search?

Police may sometimes ask for permission to search your vehicle, bag, or belongings during a street check or traffic stop.

You are within your rights to politely refuse such a search if the officer does not have legal grounds. Even if you believe you have nothing to hide, consenting to a search can be risky, as items may be found that you were unaware of or did not intend to possess.

Legally, police should not assume guilt simply because you decline consent.

What If You Believe Your Rights Were Violated?

If you believe the police have violated your rights, you may:

• File a human rights complaint.
• Use the police oversight or complaint process.
• Bring the matter before a court, including claims for Charter violations or abuse of authority.

Police Training in Nova Scotia

The Nova Scotia Department of Justice has also indicated it will review mandatory training for police officers across the province. The Attorney General requested recommendations from community groups, the Human Rights Commission, and the policing community.

The street checks report was authored by Dr. Scot Wortley of the University of Toronto and prepared for the Nova Scotia Human Rights Commission.