Phone: 604-558-8778
Toll Free: 1-855-558-8778

Firm News

stopped by police

What To Do If You Are Stopped By Police

Being stopped by the police is never a fun experience. It can be very unsettling to be pulled over on the street or in a vehicle and questioned by the police. When you are stopped by the police, the very first question you would have is “what are my rights? Do I have to say anything? If so, to what extent?”

There are very limited exceptions – you may have a duty to identify yourself and to provide identification – the law in Canada is clear: every individual has the right to remain silent, the right to Counsel and to other protected rights as well.

1. Being stopped on the street

Suppose that you are walking on the street and encounter the police. If the police simply say “stop” or surround you then you are detained since the officer blocks your path in an intimidating manner.

A “detention” is the act of keeping back or withholding, either accidently or by design, a person or thing. R. v. Suberu, the leading case from the Supreme Court of Canada, defines a detention as following:

“A suspension of an individual’s liberty by significant physical or psychological restraint, with various factors helping to determine whether there was a psychological detention.”

The difficulty for you is that you do not know if the police have reasonable grounds to detain you. This ambiguity can easily be resolved by simply telling the police officer that you do not want to speak to them and ask, “Am I free to go?”. If the police tell you that you are not free to leave you are now detained and you have the right to be told why.

Generally, the police do not have the power to stop or question you without a reason. The police are only permitted to detain and demand your identification when they have a reasonable suspicions that you are engaged in criminal activity.  If the police do not have a reasonable reasons the detention is illegal and any evidence they obtain can be excluded at trial. 

However, there is an exception, if the police stop you to issue an appearance notice or if you have committed a by-law infraction or other ticket-able offence, you are under an obligation to identify yourself by giving them your name and address. It is a criminal offence to lie about your name or address and you may be charged with obstructing the police from carrying out their duties.

When you are detained, you have no obligation to say anything to the police, nor do you need to answer any of their questions. You are free to say absolutely nothing to the police as the law allows you to remain silent.

The police also have a duty to let you speak to a lawyer in private as soon as possible. It is highly recommended you speak to a lawyer before making any statements to the police.

2. Being stopped while driving

Just like when you are stopped on the street, your Charter rights apply to you and to anyone else in your car when the police officer pulls you over while you are driving. However, in Canada, driving is considered a privilege, not a right and the power for a stop comes from the Highway Traffic Act. Thus, while you are protected by the Charter rights, there are certain obligations that you have during a police vehicle stop.

The police are legally permitted to investigate in almost all driving situations if the police have reasonable grounds to believe you have committed a criminal offence, or if they observe you committing an offence under the Highway Traffic Act.

Under the Highway Traffic Act, a driver must present their driver’s licence, vehicle registration and a proof of insurance for the vehicle they are driving. Failing to cooperate with the police officer in this situation may give them the right to arrest you and lay a criminal charge for obstruction. 

The police can also order you to step out of your vehicle if they suspect you are driving while impaired or they have reasonable grounds to concern for their safety.

However, the police power to stop your vehicle to investigate your license, insurance, registration, or the safety of your vehicle does not permit a comprehensive search of your car or an investigation into identities of your passengers. You have a right to say “no” to a police demand to search your vehicle.

Likewise, passengers do not have an obligation to identify themselves unless the police have reasonable suspicion or belief that they are involved in a criminal offence or by-law infraction.

Remember that it’s always your right to ask why you are being stopped and to contact a lawyer before answering any questions or consenting to the police requests.

0
Court of Appeal

Appealing a Sentence in British Columbia – What does it Mean?

Were you convicted when you were found guilty of a crime?

Did you receive a sentence after being found guilty or pleading guilty to committing a crime?

Was the decision unreasonable? Can it be supported by the evidence? Did the lower court judge make an error in law? Was there a miscarriage of justice?

Was your sentence imposed within the past 30 days?

If the answer to the above question is “Yes”, you may be able to appeal your sentence.

Simply, to appeal a sentence means to apply for a review of the decision of the lower court. In British Columbia, appeals from the Provincial Court are heard in the BC Supreme Court and appeals from the BC Supreme Court are heard in the BC Court of Appeal.

Commonly, grounds for an appeal are either based on an error in law or procedure; not facts.

In submitting a notice of appeal based on error in law or procedure, we are arguing that the judge made a mistake in the court proceeding concerning a matter of law or procedure. An example of an error in law is a judge that improperly admits evidence during trial that should have be excluded based on a violation of Section 8 (Right to be secure against unreasonable search and seizure) of The Canadian Charter of Rights and Freedoms.

It is important to note that the purpose of an appeal is not to retry the case. This means that lawyers will not submit new evidence or present witnesses. Rather, the focus of an appeal is to correct an error that was made by the lower court or guide the interpretation of the law.

The appeal process can be quite complex. Before you make a decision to appeal your case, talk to a criminal lawyer. Having an experienced criminal lawyer on your team can help increase the chance of a positive outcome.

Contact us if you are thinking about appealing your case.

0
Trial Lawyers Association of BC

Kevin Filkow Chairs TLABC Event

Mr. Filkow is the chairing the upcoming 2017 Trial Lawyers Association Criminal Law Conference. In recent years, Mr. Filkow has spoken and presented at a number of legal education programs and seminars. Recent topics and issues covered are:

· Trial delays

· Police and Expert evidence

· Search and Seizure issues

· Forensic Sciences

· Drinking and Driving

· Motor Vehicle Act Stops

· Immediate Roadside and Administrative Driving Prohibitions

· Civil Forfeiture

· ICBC Breaches

For any criminal or driving matter, please do not hesitate to contact us for assistance at 604-558-8778.

0
Filkow Law

Filkow Welcomes A New Criminal Defence Lawyer

Filkow Law welcomes its newest criminal defence lawyer, Jacqueline Halliburn.

 Ms. Halliburn comes to us from Thompson, Manitoba, the crime capital of Canada, where she spent the last three years as a Crown Prosecutor.

She specialized in the prosecution of child abuse matters and serious violent crime. Accordingly, Ms. Halliburn knows exactly how the Crown thinks when they are prosecuting violent crime, particularly sexual assault, child abuse and pornography, and young offenders.

 With her extensive experience in negotiations, bail and sentencing hearings, and trials at all court levels, we are excited to have her bring her unique perspective to the firm. If you have a case that falls under Ms. Halliburn’s specializations please contact us

1
richmond's best lawyer

Filkow Law Voted Richmond’s Best Lawyer Again!

Filkow Law is pleased to have been voted 2017 Richmond’s best law firm by Richmond News. Filkow Law was also voted the 2016 Richmond’s best law firm. The lawyers at Filkow Law specialize in Criminal charges, Driving cases, ICBC and Car Accident cases. Mr. Filkow, his associates and team have been serving a diverse community in the Richmond area for over 20 years. The lawyers and staff at the firm also speak Mandarin, Cantonese, Punjabi, Hindi, Korean and German.

Filkow Law is a highly respected firm with over 25 years of experience.

Filkow Law looks forward to continuing to deliver excellent outcomes for its clients. Please do not hesitate to contact any of the lawyers at the firm at 604-278-8100

0

Our Head Office has Moved!

Filkow Law is pleased to announce as of August 15, our new head office is located at 510-450 SW Marine Drive in Vancouver. Our new office is on the Marine Drive Canada Line station. Extensive metered and underground parking is also available.

Our new and larger office location allows us to provide additional services to all of our clients.

In addition to its excellent daily trial practice in criminaldriving and personal injury law, Filkow Law has expanded to include new lawyers practicing in the areas of car accidentsICBC breaches, family law, customs and border cases and other litigation matters.

Filkow Law will continue to provide legal services out of our offices in RichmondSurrey and Kelowna.

Please do not hesitate to contact us for any assistance at 604-558-8778. We look forward to seeing and serving you at our new Vancouver location.

0

Voted Richmond’s Best Lawyer

Filkow Law has the pleasure of being voted 2016 Richmond’s Best Law Firm. Filkow Law has been serving a diverse community in the Richmond area for over 20 years. Lawyers and staff at the firm speak Mandarin, Cantonese, Punjabi, Russian, French, Serbian, Polish and German. The lawyers at Filkow Law specialize in criminal charges, driving cases, and ICBC cases.

Filkow Law is a highly regarded law firm with over 25 years of experience.

Filkow Law looks forward to continuing to deliver excellent outcomes for its clients. Please do not hesitate to contact any of the lawyers at the firm at 604-558-8778

0