The Special Constable Service plays an important role in keeping the University of Windsor, its staff, students, and faculty safe. The Special Constable Service are sworn to preserve the peace, prevent crimes, enforce the law and protect our community. Encounters with Special Constable Service officers may be intimidating, especially for people unfamiliar with the law and police practices. You may feel that the Special Constable Service are harassing you for no reason. These experiences can lead to negative perceptions, mistrust and possibly fear of the Special Constable Service. This guide is to familiarize you with the role of the Special Constable Service, their powers and your rights.
Special Constable Service officers are “Special Constables” appointed under Section 53 of the Police Services Act of Ontario. In Windsor they are given police powers for the law enforcement of the Criminal Code of Canada, Ontario Provincial Statutes, Federal Statutes and additionally, University Bylaws. While they are not employed specifically by Windsor Police, they have powers of enforcement as Peace Officers specifically for the University of Windsor and its Affiliated Colleges.
What should I do if I am approached by an officer?
Most officers are readily identifiable by their uniform. If you any doubts, you are entitled to ask for the officer’s badge number. The officer can stop you generally under three circumstances:
- If the officer suspects that you have committed an offence.
- If the officer actually sees you commit an offence.
- If you are driving a vehicle.
The officer may ask your name, address, what you are doing or where you are going. In some cases, they may ask for identification. It is advisable to be polite and cooperate with the officer. Refusing to answer questions or being evasive may cause the officer to become more suspicious and to investigate more thoroughly. The goal for everyone should be towards attaining a resolution or solving the crime. The Special Constable Service officer may ask to speak with you for reasons of which you are unaware. The officer has a sworn duty to prevent, investigate crimes, and to keep the peace. These duties entail interviewing potential witnesses of crimes and interviewing persons who, based on the circumstances, appear to be suspicious. If offenders could simply be identified by the way they looked or dressed, it would be easy, but the fact is that officers must investigate. Do not take offence to an officer asking questions– they are doing their jobs, preventing crime for you and the rest of the community.
Do I have to answer the officer’s questions or identify myself?
You are under no obligation to identify yourself except if you are driving a car or have committed a provincial offence such as a liquor or driving offence. In these cases it is best to cooperate with the officer and answer their questions to avoid being arrested. If the Special Constable Service officer suspects that you have committed an offence or are acting suspiciously, they will want to know who you are. There are several good reasons for telling the Special Constable Service who you are:
- If the officer is looking for someone else, by showing them that you are not that person you may avoid being arrested.
- If the officer thinks you have committed an offence and you do not identify yourself, they may arrest you and hold you until they find out who you are.
- If the officer thinks you have committed a minor offence and you have identified yourself, they may rather give you a ticket or a court notice rather than arresting you.
Points to Remember:
- Keep your hands where the officer can see them and put things down that you may be holding in your hands when the officer asks you.
- Stay put and stay calm- never walk or run away from an officer.
- Attempting to leave will make the officer more suspicious and escalate the situation.
When can an officer search me?
Generally, the powers of search depend on the circumstances and beliefs of the officer. If you are arrested, Special Constable Service officers can search you, the immediate surroundings and your vehicle if you are in one. If you are being detained temporarily, the officer may “pat you down” or “frisk” you to ensure you are not carrying a weapon. This is done for yours and the officer’s safety. You can always refuse to be searched unless arrested, however you may give permission to be searched to alleviate suspicion. If you feel that a search is improper, do not confront the officer, but follow the complaint process outlined in this book
What if I am arrested?
The Canadian Charter of Rights and Freedoms establishes rights to protect you if you are arrested and detained. These rights include:
- The right to be informed promptly of the reason you have been arrested or detained.
- The right to retain and instruct counsel without delay, and to be informed of that right. This includes being informed of the availability of free Legal Aid Counsel and how to obtain it. once the situation is in control and everyone’s safety is ensured.
If you are under 18 years of age you have the additional right of being able to speak with a parent or other appropriate adult as soon as possible. The police must explain and inform you of these rights.
What if I have a complaint about the Special Constable Service?
Only the person directly affected by the incident may make a complaint. A complaint must be in writing and must be signed by the person making the complaint. Complaints must be filed within six months of an incident occurring. The Special Constable Service are committed to maintaining public accountability and improving police services to the community.