To clear all the air once and for all let me put things in perspective here. I am sorry if this post is technical, but I will try my best to explain it in as easy vocabulary as possible.
There are three things that happen in a police encounter:
a. Police stop; - Can be a traffic stop for a traffic violation, or when the police approaches a person and asks questions or asks to produce an identifying document.
b. Detention; or - When a person is taken to a police station for a breath analyzer test etc.; and
c. Arrest - When a person is officially taken into custody on suspicion of committing a crime, conspiring to commit a crime or apprehension that if left the person has the propensity to commit the crime.
In all three above, the person is first "DETAINED." The Supreme Court of Canada has held that the detention can be either physical or psychological.
Psychological detention has three elements:
i. a police direction or demand;
ii. the individual’s voluntary compliance with the direction or demand resulting in a deprivation of liberty or other serious legal consequences; and
iii. the individual’s reasonable belief that there is no choice but to comply.
A physical detention is asking a person to accompany to the police station, asking him to sit in the police car, or physically searching after being stopped.
Now since we have this out of our way, lets address the question, whether you have been detained, and when to report it on a form?
Every year many of us have an encounter with the police, most or not all can be classified as detention. But, these detentions are harmless and the police lets us go without charging, arresting or taking any measure. It does not mean that we have to report everything. However, we are under an obligation to report every detention that has been documented. Here there is another catch. All police officers by law have to maintain a diary or a log book in which they have to write their encounters on daily basis. So if a police officer stopped your car, and after being satisfied that you have the driving license and necessary papers and let you go, he will still put it in his log book or diary.
The second case in where he detains a person under the suspicion of committing a crime. In that case even if the officer lets you go, he might file a report, or if its in connection with an ongoing investigation he will file it.
So as a rule of thumb, one should disclose any detentions that were in connection of an investigation, suspicion of a crime where a person was taken to the police station, or where a person was detained and searched. A disclosure does not lead to criminality, but shows your character for truthfulness. All you have to mention is the date on which it happened, the location and a short description of what happened.
I say this because imagine this, you were detained and left by the police and nothing happened. This detention was in connection with an investigation. Now when your background search is done your name will show up on a police report stating that you were detained and interviewed by the police. Even though you were never charged, there is no evidence against you, you were not related to the crime etc. but since you failed to disclose it, it will lead to you lying on the form.
So if you feel that a report was filed and your name could have been in there, make sure you say yes. To be sure, you can get a background check done on you and if nothing comes up, just say no. But, its always better to be safe than sorry.
I have seen a lot of people mention that if you were not arrested you can answer no. That is absolutely wrong. Detention and arrest are two different legal terms. If CIC wanted to know whether you were arrested they would have asked that. What they are trying to ensure here is that whether your name appears in connection in an ongoing investigation where you were detained, but never arrested or charged. A lot of people are detained and are under suspicion of criminal conspiracy, but since there is no hard evidence against them the police cannot arrest them, but CIC is interested in knowing this aspect too. If you say no, you are lying and will be responsible if your name show up. I have seen PCCs where the record is clean, but a detention is reported.
So make sure before you answer, you know what you are doing. Every case is different and there is no bright line rule to answering this questions. If you have been in contact with the police see how pervasive was it and what what the reason for it. If there was anything serious, get a background check before you answer the question. If there was nothing serious, simply say no.
I refrain from giving a yes or no answer to any problem since unless one knows of all the facts, you can never be sure.
I hope this helps as a basic guideline in helping you answer the question.
