The freedoms of expression, association, and peaceful assembly are guaranteed by the Canadian Charter of Rights and Freedoms. Protests have always been a vital means for citizens to voice their support or disapproval of significant decisions made by the government or other influential institutions.
Protesting can be dangerous. Aggressive protestors may be dispersed by police using water cannons, rubber bullets, or tear gas, and even nonviolent demonstrators may be taken into custody if they breach the law. It is possible to lower your risk and make safe and effective use of your freedom to demonstrate by familiarizing yourself with Canadian legislation surrounding protest.
Am I Allowed to Organize or Participate in a Protest?
As long as you don’t break any laws when protesting, it is lawful to do so. Your freedom to protest is protected by Section 2 of the Canadian Charter of Rights and Freedoms. It is necessary to obtain a permission in certain cities and municipalities in order to demonstrate. If you intend to plan a demonstration, make sure you are aware of the bylaws in your community.
What Could I Be Arrested For During a Protest?
While violating any law during a protest may result in an arrest, the following are some of the more popular ones.
Frequently, protesters are detained for:
Creating a disturbance in public – bothering or obstructing other individuals while in the area, as well as loud fighting, shouting, swearing, chanting, or singing. A $5,000 fine or six months in prison are the possible penalties for causing a disturbance.
Common nuisances – things like impeding someone’s ability to exercise or enjoy their rights or putting the public’s safety, health, or lives in jeopardy. A common nuisance offense carries a maximum two-year prison sentence.
Unlawful assembly – these are most frequently associated with demonstrations that become violent against the police. A group of three or more people assembling unlawfully happens when they give neighbors reasonable grounds to fear that they may incite violence against individuals or property, or incite others to incite violence. Six months in jail or a $5,000 fine are the two possible penalties for unlawful assembly. The prison term may be increased to five years if you are hiding your identity.
Mischief – causing harm or destruction to any form of property. Making property difficult to use, unsafe, or useless (such as by smashing windows or slashing tires), or impeding anybody else’s use are examples of mischief. If your mischievous actions put someone’s life in jeopardy, you could receive a life sentence. Damage to property valued more than $5,000 may result in up to ten years in prison or a $5,000 fine for mischief.
Rioting – when three or more people actually start a violent disturbance, as opposed to just inciting fear in the neighborhood. Rioting carries a maximum term of two years in prison; but, if you are using a disguise, your sentence might rise to ten years.
Conspiracy (to commit one of the previously mentioned offences) – If you were involved in the planning or organization of a protest that resulted in the commission of unlawful acts, you run the risk of being charged by the police with “conspiracy to commit.” This is true even if you are not personally involved in any criminal activity.
Can I Photograph or Record a Police Officer While Participating in a Protest?
Absolutely. It is legal for you to take pictures, videos, or take any other type of record of police officers who are on duty. Officers are not authorized to confiscate your equipment or demand that you remove your photos. If you come into contact with any officers during a protest, you might want to make a note of their name and badge number.
Do I Have to Show the Police My Identification?
Only if you are informed by the police that you have breached the law or are under suspicion of doing so. If so, failing to identify yourself may result in obstruction charges against you. Local rules in several cities let police to verify your identity when you’re in a public setting. Before you protest, make sure you are aware of the legislation in your city.
When the police want to see your driver’s license, registration, and insurance, you always have to comply if you are operating a motor vehicle. Unless the police inform your passengers that they have broken the law or are suspected of breaking the law, they are not required to identify themselves.
Do I Have to Speak to the Police if They Question Me?
Not at all! Ask the officer if you are being detained or if you are free to leave without providing a response. If you aren’t allowed to leave, you have the right to stay silent, to find out why you can’t go (are you being arrested, for example? ), and to speak with a lawyer. You have the right to be released if the police does not inform you that you are being detained and why.
What Are My Rights if I Am Arrested?
If there is no reasoning, you have the right to know why and to be let go. Police are not required to allow you to speak with friends or relatives, but you do have the right to speak privately with a lawyer as quickly as feasible. It’s a good idea to permanently mark the number of a lawyer you know who can assist you on your body.
A police officer must either witness you breaking the law, have reasonable suspicions that you have broken the law, or have reasonable suspicions that you are about to breach the law before they can make an arrest. Even though the person making the arrest may not be right, if you resist, you will be in violation of the law and may face criminal charges as a result. To utilize in court, be sure to snap pictures of or document anything that would indicate that the officer was in error.
If the police question you or want you to make a statement, you also have the right to be accompanied by a parent, guardian, or lawyer if you are under the age of 18.
Need Legal Advice?
If you or someone you know needs legal advice contact Collett Read LLP today for a free consultation. If your matter is immediate please contact us at (905) 541-2228.