My Rights

Police stops, detention (being detained) vs. The right to walk away

Is there a curfew for youth? Can police stop me for being out at night?

Most places in Canada do not have curfew laws, though some do.

Where there are curfews, they are usually aimed at youth 16 or under, unaccompanied by a parent or adult, in a public place. The curfew period often begins around midnight and ends at 5 or 6 a.m.

CCLA and other rights advocates believe that in most cases, general youth curfews are not fair and are not constitutional.

Some police training manuals say that if a person is young and out late at night, this is a reason to stop them (even where there is no curfew).

CCLA and other rights advocates believe that police should not be able to stop you and ask you suspicious or investigative questions – e.g., Who are you? What are you doing? Where are you going? – without a good reason, day or night. But CCLA accepts that in some circumstances, police can ask a young person or child out alone at night helping questions like: Are you safe (hurt, lost)? Do you need help finding your parent or guardian?

Examples of curfews and related laws in Canada:

  • There is a curfew in Ontario that prohibits unaccompanied youth who are under 16 from being in a public place between midnight and 6 a.m. This curfew allows police to apprehend youth and bring them back to their parents. Parents can also face fines and/or imprisonment.
  • Some provinces also allow cities to create laws for youth curfews. In the town of Okotoks, Alberta, for example, no one aged 15 years or younger is allowed to be out within the town’s limits between the hours of midnight and 5 a.m. without an adult guardian or a legitimate reason. Those found in violation of this law may be fined.
What does “detention” mean?
What does “detention” mean?
If police ask me questions or demand ID, do I have to stay or can I walk away? How do I know?
If police ask me questions or demand ID, do I have to stay or can I walk away? How do I know?
When are police allowed to detain someone? What counts as a “legitimate reason”?
When are police allowed to detain someone? What counts as a “legitimate reason”?
Is there a curfew for youth? Can police stop me for being out at night?
Is there a curfew for youth? Can police stop me for being out at night?
Can I run away when I see police approaching?
Can I run away when I see police approaching?