Legal information for activists - Revision history

Mediawiki: /* Risk Assessment www.bankingonabetterfuture.org */

2023-09-12T16:11:23Z

Risk Assessment www.bankingonabetterfuture.org

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	*<span style="font-size: 12pt;">Lack of experience and/or knowledge in de-escalation</span>		*<span style="font-size: 12pt;">Lack of experience and/or knowledge in de-escalation</span>
	*<span style="font-size: 12pt;">Absence of legal status in Canada (undocumented immigrants, International students)</span>		*<span style="font-size: 12pt;">Absence of legal status in Canada (undocumented immigrants, International students)</span>
	*<span style="font-size: 12pt;">Having ties to the targeted group ~~(E.g. parent who works for the bank)~~ OR ties to a company highly supported by the targeted group</span>		*<span style="font-size: 12pt;">Having significant ties to the targeted group OR ties to a company highly supported by the targeted group</span>
	*<span style="font-size: 12pt;">Having past arrests</span>		*<span style="font-size: 12pt;">Having past arrests</span>
	*<span style="font-size: 12pt;">Being a student who receives significant financial aid</span>		*<span style="font-size: 12pt;">Being a student who receives significant financial aid</span>

Mediawiki at 19:48, 14 February 2023

2023-02-14T19:48:49Z

Mediawiki: /* Lawyer Testimonials */

2022-11-10T19:44:36Z

Lawyer Testimonials

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	== <span style="text-decoration: underline;"><span style="font-size: 12pt;">Lawyer Testimonials</span><span><span style="font-size: 12pt;"> </span></span></span> ==		= <span style="text-decoration: underline;"><span style="font-size: 12pt;">Lawyer Testimonials</span><span><span style="font-size: 12pt;"> </span></span></span> =

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Mediawiki at 14:21, 26 October 2022

2022-10-26T14:21:43Z

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	<span style="font-size: 11pt;">This guide was created using several legal resources to respond to the array of questions activists have related to the legal implications of taking action. The guide is intended to provide you with an overview of your rights when protesting. It is for informational purposes only and does not constitute legal advice.		<span style="font-size: 11pt;">This guide was created using several legal resources to respond to the array of questions activists have related to the legal implications of taking action. The guide is intended to provide you with an overview of your rights when protesting. '''It is for informational purposes only and does not constitute legal advice.'''

	To address the multitude of questions raised, this legal information guide contains information on topics such as... assessing your level of risk, public vs private property, filming police, revealing identities, rights that aren't protected, information on arrests and being detained, what to do if your rights are violated, tips for reducing individual and group risk, common reasons for arrest, municipal laws, police powers, resources for more in depth legal questions and lessons from previously held occupations/protests. We recommend holding the 'command' and 'f' buttons to search for what you're looking for, because this resource was made to cover as many questions as possible!</span>		To address the multitude of questions raised, this legal information guide contains information on topics such as... assessing your level of risk, public vs private property, filming police, revealing identities, rights that aren't protected, information on arrests and being detained, what to do if your rights are violated, tips for reducing individual and group risk, common reasons for arrest, municipal laws, police powers, resources for more in depth legal questions and lessons from previously held occupations/protests. We recommend holding the 'command' and 'f' buttons to search for what you're looking for, because this resource was made to cover as many questions as possible!</span>

Mediawiki at 14:21, 26 October 2022

2022-10-26T14:21:25Z

← Older revision		Revision as of 14:21, 26 October 2022
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	<span style="font-size: 11pt;">This guide was created using several legal resources to respond to the array of questions activists have related to the legal implications of taking action. The guide is intended to provide you with an overview of your rights when protesting. It is for informational purposes only and does not constitute legal advice.		<span style="font-size: 11pt;">This guide was created using several legal resources to respond to the array of questions activists have related to the legal implications of taking action. The guide is intended to provide you with an overview of your rights when protesting. It is for informational purposes only and does not constitute legal advice.

	To address the multitude of questions raised, this legal information guide contains information on topics such as... assessing your level of risk, public vs private property, filming police, revealing identities, rights that aren't protected, information on arrests and being detained, what to do if your rights are violated, tips for reducing individual and group risk, common reasons for arrest, municipal laws, police powers, resources for more in depth legal questions and lessons from previously held occupations/protests. We recommend holding the 'command' and 'f' buttons to search for what you're looking for, because this resource was made to cover as many questions as possible!</span>		To address the multitude of questions raised, this legal information guide contains information on topics such as... assessing your level of risk, public vs private property, filming police, revealing identities, rights that aren't protected, information on arrests and being detained, what to do if your rights are violated, tips for reducing individual and group risk, common reasons for arrest, municipal laws, police powers, resources for more in depth legal questions and lessons from previously held occupations/protests. We recommend holding the 'command' and 'f' buttons to search for what you're looking for, because this resource was made to cover as many questions as possible!</span>

Mediawiki at 21:10, 12 September 2022

2022-09-12T21:10:14Z

← Older revision		Revision as of 21:10, 12 September 2022
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	<span style="font-size: 11pt;">This guide was created using several legal resources to respond to the array of questions activists have related to the legal implications of taking action. To address the multitude of questions raised, this legal information guide contains information on topics such as... assessing your level of risk, public vs private property, filming police, revealing identities, rights that aren't protected, information on arrests and being detained, what to do if your rights are violated, tips for reducing individual and group risk, common reasons for arrest, municipal laws, police powers, resources for more in depth legal questions and lessons from previously held occupations/protests. We recommend holding the 'command' and 'f' buttons to search for what you're looking for, because this resource was made to cover as many questions as possible!</span>		<span style="font-size: 11pt;">This guide was created using several legal resources to respond to the array of questions activists have related to the legal implications of taking action. The guide is intended to provide you with an overview of your rights when protesting. It is for informational purposes only and does not constitute legal advice.

			To address the multitude of questions raised, this legal information guide contains information on topics such as... assessing your level of risk, public vs private property, filming police, revealing identities, rights that aren't protected, information on arrests and being detained, what to do if your rights are violated, tips for reducing individual and group risk, common reasons for arrest, municipal laws, police powers, resources for more in depth legal questions and lessons from previously held occupations/protests. We recommend holding the 'command' and 'f' buttons to search for what you're looking for, because this resource was made to cover as many questions as possible!</span>

	== Introduction ==		== Introduction ==

Mediawiki: /* Definitions */

2022-08-30T19:16:42Z

Definitions

Show changes

Mediawiki: /* Introduction */

2022-08-30T19:14:22Z

Introduction

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	<span style="font-size: ~~12pt~~;">'''Rules explained in the below sections are sometimes applied arbitrarily by the police force, which can lead to unconstitutional violations.''' The steps to invalidate them can be long. What is recognized as constitutional does not cease to be "unconstitutionally" applied in certain contexts, notably by profiling.</span><br>		<span style="font-size: 11pt;">'''Rules explained in the below sections are sometimes applied arbitrarily by the police force, which can lead to unconstitutional violations.''' The steps to invalidate them can be long. What is recognized as constitutional does not cease to be "unconstitutionally" applied in certain contexts, notably by profiling.</span><br>
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	\| style="width: 1184.48px;" \| <span style="font-size: ~~12pt~~;">'''<span>Police have </span><span>discretionary power </span>'''<span>(see definitions section 2.0). It has great control over the choice of its actions. The power of police officers derives from the law (Police Act and Criminal Code) as well as from the common law (see definitions section 2.0).</span></span>		\| style="width: 1184.48px;" \| <span style="font-size: 11pt;">'''<span>Police have </span><span>discretionary power </span>'''<span>(see definitions section 2.0). It has great control over the choice of its actions. The power of police officers derives from the law (Police Act and Criminal Code) as well as from the common law (see definitions section 2.0).</span></span>
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	\| style="width: 1184.48px;" \| <span style="font-size: ~~12pt~~;"><span>Examples of cases with differing results are included throughout this document.''<span style=""> </span>''A judgment that goes against past decisions could create a precedent if judges decide to refer to it in their future decisions. '''The decisions presented in this document are or have the potential to constitute precedents.'''</span></span>		\| style="width: 1184.48px;" \| <span style="font-size: 11pt;"><span>Examples of cases with differing results are included throughout this document.''<span style=""> </span>''A judgment that goes against past decisions could create a precedent if judges decide to refer to it in their future decisions. '''The decisions presented in this document are or have the potential to constitute precedents.'''</span></span>
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Mediawiki at 19:14, 30 August 2022

2022-08-30T19:14:01Z

← Older revision		Revision as of 19:14, 30 August 2022
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	<span style="font-size: ~~14pt~~;">This guide was created using several legal resources to respond to the array of questions activists have related to the legal implications of taking action. To address the multitude of questions raised, this legal information guide contains information on topics such as... assessing your level of risk, public vs private property, filming police, revealing identities, rights that aren't protected, information on arrests and being detained, what to do if your rights are violated, tips for reducing individual and group risk, common reasons for arrest, municipal laws, police powers, resources for more in depth legal questions and lessons from previously held occupations/protests. We recommend holding the 'command' and 'f' buttons to search for what you're looking for, because this resource was made to cover as many questions as possible!</span>		<span style="font-size: 11pt;">This guide was created using several legal resources to respond to the array of questions activists have related to the legal implications of taking action. To address the multitude of questions raised, this legal information guide contains information on topics such as... assessing your level of risk, public vs private property, filming police, revealing identities, rights that aren't protected, information on arrests and being detained, what to do if your rights are violated, tips for reducing individual and group risk, common reasons for arrest, municipal laws, police powers, resources for more in depth legal questions and lessons from previously held occupations/protests. We recommend holding the 'command' and 'f' buttons to search for what you're looking for, because this resource was made to cover as many questions as possible!</span>

	== Introduction ==		== Introduction ==

Mediawiki: Mediawiki moved page Legal information for Activists to Legal information for activists

2022-07-26T18:40:17Z

Mediawiki moved page Legal information for Activists to Legal information for activists

← Older revision	Revision as of 18:40, 26 July 2022
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← Older revision		Revision as of 19:48, 14 February 2023
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	*<span style="font-size: 12pt;">Lack of experience and/or knowledge in de-escalation</span>		*<span style="font-size: 12pt;">Lack of experience and/or knowledge in de-escalation</span>
	*<span style="font-size: 12pt;">Absence of legal status in Canada (undocumented immigrants, International students)</span>		*<span style="font-size: 12pt;">Absence of legal status in Canada (undocumented immigrants, International students)</span>
	*<span style="font-size: 12pt;">Having ties to the targeted group (i.e. parent who works for the bank) OR ties to a company highly supported by the targeted group</span>		*<span style="font-size: 12pt;">Having ties to the targeted group (E.g. parent who works for the bank) OR ties to a company highly supported by the targeted group</span>
	*<span style="font-size: 12pt;">Having past arrests</span>		*<span style="font-size: 12pt;">Having past arrests</span>
	*<span style="font-size: 12pt;">Being a student who receives significant financial aid</span>		*<span style="font-size: 12pt;">Being a student who receives significant financial aid</span>
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	<span style="font-size: 12pt;"><span>If your protest is going to be large and disruptive, there are additional steps you may want to consider based on local/municipal noise and traffic laws. I.e. </span><span>The hours of legal demonstration outside or in front of a residence as well as the number of people in it are often restricted.</span></span>		<span style="font-size: 12pt;"><span>If your protest is going to be large and disruptive, there are additional steps you may want to consider based on local/municipal noise and traffic laws. E.g. </span><span>The hours of legal demonstration outside or in front of a residence as well as the number of people in it are often restricted.</span></span>
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	\| style="width: 1171.48px; background-color: #ffffff;" \| <p><span style="font-size: 12pt;">6. Turn off location tracking—you might have to do that in one or two different places in the settings.</span><span style="font-size: 12pt;"></span></p>		\| style="width: 1171.48px; background-color: #ffffff;" \| <p><span style="font-size: 12pt;">6. Turn off location tracking—you might have to do that in one or two different places in the settings.</span><span style="font-size: 12pt;"></span></p>
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	\| style="width: 1171.48px; background-color: #ffffff;" \| <p><span style="font-size: 12pt;">7. Do NOT keep anything on yourself you wouldn't want police to find (i.e. drugs. address book)</span></p>		\| style="width: 1171.48px; background-color: #ffffff;" \| <p><span style="font-size: 12pt;">7. Do NOT keep anything on yourself you wouldn't want police to find (E.g. drugs. address book)</span></p>
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	\| style="width: 1171.48px; background-color: #ffffff;" \| <p><span style="font-size: 12pt;">8. </span><span style="font-size: 12pt;">Wear neutral colours and note that backpacks make profiling easier. Try to hide as many piercings and tattoos as possible. Try not to wear a sweater with a hood, or anything else that can be pulled.</span></p>		\| style="width: 1171.48px; background-color: #ffffff;" \| <p><span style="font-size: 12pt;">8. </span><span style="font-size: 12pt;">Wear neutral colours and note that backpacks make profiling easier. Try to hide as many piercings and tattoos as possible. Try not to wear a sweater with a hood, or anything else that can be pulled.</span></p>
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	\| style="width: 1171.48px; background-color: #ffffff;" \| <p><span style="font-size: 12pt;">9. </span><span style="font-size: 12pt;"><span>Never leave a protest alone. Police will often look to intimidate attendees of a demonstration once it's finished by following them and targeting them with any possible reason to hand out a violation, and thus fill their notebooks with identified activists. (I.e. lack of reflectors on a bike, throwing a cigarette butt on the ground, having made noise etc). </span></span></p>		\| style="width: 1171.48px; background-color: #ffffff;" \| <p><span style="font-size: 12pt;">9. </span><span style="font-size: 12pt;"><span>Never leave a protest alone. Police will often look to intimidate attendees of a demonstration once it's finished by following them and targeting them with any possible reason to hand out a violation, and thus fill their notebooks with identified activists. (E.g. lack of reflectors on a bike, throwing a cigarette butt on the ground, having made noise etc). </span></span></p>
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	<span style="font-size: 12pt;"></span>		<span style="font-size: 12pt;"></span>
	<p><span style="font-size: 12pt;">When faced with a contradiction between rights and municipal by-laws, the amendment of municipal by-laws can be forced through...</span></p>		<p><span style="font-size: 12pt;">When faced with a contradiction between rights and municipal by-laws, the amendment of municipal by-laws can be forced through...</span></p>
	*<span style="font-size: 12pt;">Legal challenges (i.e. [https://droitdemanifester-ldl.uqam.ca/apres/strategies-contre-p-6-a-montreal/ Montreal and the P-6 by-law])</span>		*<span style="font-size: 12pt;">Legal challenges (E.g. [https://droitdemanifester-ldl.uqam.ca/apres/strategies-contre-p-6-a-montreal/ Montreal and the P-6 by-law])</span>
	*<span style="font-size: 12pt;">Popular pressure (i.e. Rouyn-Noranda)</span>		*<span style="font-size: 12pt;">Popular pressure (E.g. Rouyn-Noranda)</span>
	<p><span style="font-size: 12pt;">Strategies to oppose or challenge municipal bylaws that restrict the right to protest include <ref> http://droitdemanifester-ldl.uqam.ca/apres/strategies-contre-p-6-a-montreal/</ref> : <br></span></p>		<p><span style="font-size: 12pt;">Strategies to oppose or challenge municipal bylaws that restrict the right to protest include <ref> http://droitdemanifester-ldl.uqam.ca/apres/strategies-contre-p-6-a-montreal/</ref> : <br></span></p>
	*<span style="font-size: 12pt;">Challenge the bylaw</span><br>		*<span style="font-size: 12pt;">Challenge the bylaw</span><br>
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	<span style="font-size: 12pt;">Section 2c of the Canadian Charter of Rights and Freedoms includes the''' right to interfere with the normal flow of traffic.'''</span>		<span style="font-size: 12pt;">Section 2c of the Canadian Charter of Rights and Freedoms includes the''' right to interfere with the normal flow of traffic.'''</span>
	*<span style="font-size: 12pt;"><span><span><span>Unconstitutional by-laws infringing on this right still exist in some cities and are respected by the public out of a desire not to confront the city. </span>See case examples: [https://www.canlii.org/fr/qc/qccs/doc/2015/2015qccs5246/2015qccs5246.html Garbeau v. the City of Montreal, 2015 QCCS 5246]; [https://www.canlii.org/fr/qc/qccq/doc/2014/2014qccq8967/2014qccq8967.html?autocompleteStr=b%C3%A9rub%C3%A9%20c%20vill&autocompletePos=2 Bérubé v. Québec (City of), 2014 QCCQ 8967] </span></span><span></span></span>		*<span style="font-size: 12pt;"><span><span><span>Unconstitutional by-laws infringing on this right still exist in some cities and are respected by the public out of a desire not to confront the city. </span>See case examples: [https://www.canlii.org/fr/qc/qccs/doc/2015/2015qccs5246/2015qccs5246.html Garbeau v. the City of Montreal, 2015 QCCS 5246]; [https://www.canlii.org/fr/qc/qccq/doc/2014/2014qccq8967/2014qccq8967.html?autocompleteStr=b%C3%A9rub%C3%A9%20c%20vill&autocompletePos=2 Bérubé v. Québec (City of), 2014 QCCQ 8967] </span></span><span></span></span>
	*<span style="font-size: 12pt;"><span>Many municipal by-laws restrict the location of demonstrations and other collective activities. I.e. bylaw P1 "No person may impede or obstruct pedestrian or vehicular traffic by standing still, prowling or loitering on public throughfares and places, and by refusing to move on, by order of a peace officer, without valid cause." -Droit de Manifester.<span> See: [https://www.canlii.org/fr/qc/qccs/doc/2015/2015qccs5246/2015qccs5246.html Garbeau c. Montréal (Ville de), 2015 QCCS 5246]</span></span><span></span></span>		*<span style="font-size: 12pt;"><span>Many municipal by-laws restrict the location of demonstrations and other collective activities. E.g. bylaw P1 "No person may impede or obstruct pedestrian or vehicular traffic by standing still, prowling or loitering on public throughfares and places, and by refusing to move on, by order of a peace officer, without valid cause." -Droit de Manifester.<span> See: [https://www.canlii.org/fr/qc/qccs/doc/2015/2015qccs5246/2015qccs5246.html Garbeau c. Montréal (Ville de), 2015 QCCS 5246]</span></span><span></span></span>
	*<span style="font-size: 12pt;"><span>However... "the Superior Court recalls that demonstrating in the street is a fundamental right guaranteed by our charters and by international human rights instruments ratified by Canada.” Morever, "a temporary modification of the usual use of the street is a</span> normal and acceptable consequence of the right to demonstrate and does not constitute an interference with the use of the public domain". S<span>ee: [https://www.canlii.org/fr/qc/qccs/doc/2003/2003canlii27737/2003canlii27737.html Vanasse c. Montréal (Ville), 2003 CanLII 27737 (QC CS)]</span></span>		*<span style="font-size: 12pt;"><span>However... "the Superior Court recalls that demonstrating in the street is a fundamental right guaranteed by our charters and by international human rights instruments ratified by Canada.” Morever, "a temporary modification of the usual use of the street is a</span> normal and acceptable consequence of the right to demonstrate and does not constitute an interference with the use of the public domain". S<span>ee: [https://www.canlii.org/fr/qc/qccs/doc/2003/2003canlii27737/2003canlii27737.html Vanasse c. Montréal (Ville), 2003 CanLII 27737 (QC CS)]</span></span>
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	*<span style="font-size: 12pt;">Police officers attend demonstrations out of uniform to gather information on certain people. They only have to identify themselves if they arrest you. For example, in the lead up to the 2010 G20 mobilization, 500 people were employed by the RCMP to monitor the mobilization. The surveillance methods used are not publicly available. <ref> Par la Protestor Legal Information Clinic</ref> </span>		*<span style="font-size: 12pt;">Police officers attend demonstrations out of uniform to gather information on certain people. They only have to identify themselves if they arrest you. For example, in the lead up to the 2010 G20 mobilization, 500 people were employed by the RCMP to monitor the mobilization. The surveillance methods used are not publicly available. <ref> Par la Protestor Legal Information Clinic</ref> </span>
	*<span style="font-size: 12pt;">Large events to attract police interest such as physical presence and/or social media monitoring.</span><br>		*<span style="font-size: 12pt;">Large events to attract police interest such as physical presence and/or social media monitoring.</span><br>
	*<span style="font-size: 12pt;">I.e. It would be a reasonable precaution to assume a police officer might see any publicly-posted social media comment you make, particularly if you tag it with a hashtag associated with the event.</span>		*<span style="font-size: 12pt;">E.g. It would be a reasonable precaution to assume a police officer might see any publicly-posted social media comment you make, particularly if you tag it with a hashtag associated with the event.</span>
	**<span style="font-size: 12pt;">Canadian spy agencies have spied on activists and people exercising their right to protest.</span><br>		**<span style="font-size: 12pt;">Canadian spy agencies have spied on activists and people exercising their right to protest.</span><br>
	***<span style="font-size: 12pt;">I.e. Tools like IMSI Catchers (which mimic cell towers to collect the numbers of those in the vicinity) might also in some cases be deployed.</span>		***<span style="font-size: 12pt;">E.g. Tools like IMSI Catchers (which mimic cell towers to collect the numbers of those in the vicinity) might also in some cases be deployed.</span>
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	*<span style="font-size: 12pt;">If you are sprayed, don't rub your eyes. Rinse abundantly with water. A spray bottles with 50% water and 50% antacid (i.e. maalox, in drugstores) can relieve irritated eyes.</span>		*<span style="font-size: 12pt;">If you are sprayed, don't rub your eyes. Rinse abundantly with water. A spray bottles with 50% water and 50% antacid (E.g. maalox, in drugstores) can relieve irritated eyes.</span>
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	\| style="width: 21.3321%; background-color: #c51f84; height: 23px; border-color: #000000;" \|		\| style="width: 21.3321%; background-color: #c51f84; height: 23px; border-color: #000000;" \|