Legal information for activists: Difference between revisions
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| style="width: 84.3775%; height: 97px;" | <p><span style="font-size: 12pt;">"With the goal of "cleaning up" the public space, social profiling is a form of discrimination that consists of police officers and other law enforcement officials imposing fines on people who do not "seem to conform to society" through the strict application of municipal regulations for minor infractions. Marginals, itinerants, punks, homosexuals, prostitutes, immigrants, the poor, etc. are all targets in order to "protect and serve us". This type of profiling is only meant to give the impression of a "beautiful image of the city" in front of tourists." - [https://cobp.resist.ca/fr Collectif opposé à la brutalité policière] </span></p> | | style="width: 84.3775%; height: 97px;" | <p><span style="font-size: 12pt;">"With the goal of "cleaning up" the public space, social profiling is a form of discrimination that consists of police officers and other law enforcement officials imposing fines on people who do not "seem to conform to society" through the strict application of municipal regulations for minor infractions. Marginals, itinerants, punks, homosexuals, prostitutes, immigrants, the poor, etc. are all targets in order to "protect and serve us". This type of profiling is only meant to give the impression of a "beautiful image of the city" in front of tourists." - [https://cobp.resist.ca/fr Collectif opposé à la brutalité policière] </span></p> | ||
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== <span style="font-size: 14pt;">What if I'm arrested or detained? <ref> Canadian Civil Liberties Association</ref> <ref>http://unfuck.cobp.resist.ca/fr/documentation/brochure-guess-what-weve-got-rights</ref> </span><span style="text-decoration: underline; font-size: 12pt;"></span> == | == <span style="font-size: 14pt;">What if I'm arrested or detained? <ref> Canadian Civil Liberties Association</ref> <ref>http://unfuck.cobp.resist.ca/fr/documentation/brochure-guess-what-weve-got-rights</ref> </span><span style="text-decoration: underline; font-size: 12pt;"></span> == |
Revision as of 12:40, 20 June 2022
Definitions
Acquittal | Charges by indictment (serious crime). “The most serious criminal offences in the [Criminal] Code, such as murder or dangerous driving causing death, are indictable offences. The Code provides a specific maximum sentence for each indictable offence and for some, a minimum sentence is also provided so that the judge cannot impose a lesser sentence." - Ligue des droits et libertés (League for Rights and Freedoms) |
Civil disobedience | “May include any action taken in contravention of a legal norm in order to expose its illegitimacy.” In other words, the refusal to comply with certain laws or to pay taxes and fines, as a peaceful form of political protest. - Ligue des droits et libertés |
Civil suit |
A breach of private law that contains the fundamental rules relating to persons, the family, property and obligations. It is the common law applicable to relationships between individuals. - CAIJ Quebec and Canadian Law Dictionary |
Class Action | “Allows you to file a civil suit on behalf of all those who have experienced a similar situation.” - Ligue des droits et libertés |
Constitutional Rights | The rights protected by the Canadian Charter of Rights and Freedoms. Some of these rights are protected under certain conditions. - Canadian Legal Information Institute |
Criminal law |
Law governed by the Criminal Code (all types of offences): can lead to the creation of a criminal record. - CAIJ Quebec and Canadian Law Dictionary |
Criminal offence | No statute of limitations, harsher penalties than 'summary offences' - CAIJ Quebec and Canadian Law Dictionary |
Crown Prosecutor (or Deputy Attorney General) | A lawyer in the service of the government who is responsible for representing the State before the courts in criminal or penal matters. - CAIJ Quebec and Canadian Law Dictionary |
Direct Action | "Denounces and aims to stop a situation, decision, policy or project by means of action that proves to be illegal." - Ligue des droits et libertés |
Discharge | When a person is convicted, a sentence that does not result in a criminal record.
|
Injunction |
An order of the Superior Court enjoining a person or, in the case of a legal person, partnership or association or other grouping without legal personality, its officers or representatives, not to do or to cease to do a certain thing or to perform a certain act. - CAIJ Quebec and Canadian Law Dictionary |
Person without status | Person who has been refused asylum, person who did not leave when his visa expired, etc. - Ligue des droits et libertés |
Political profiling | "Any action taken by a person or persons in a position of authority with respect to a person or group, for reasons of public safety, security or protection, that is based on factors such as political opinion, political belief, allegiance to a political group or political activity, without probable cause or reasonable suspicion, and that has the effect of subjecting the person to differential scrutiny or treatment. Political profiling also includes any action by persons in authority who apply a measure disproportionately to segments of the population because of, among other things, their real or presumed political opinions or beliefs.” - Ligue des droits et libertés |
Racial profiling |
"Any action taken by a person or persons in authority with respect to an individual or group of individuals, for reasons of safety, security or public protection, that is based on factors such as race, color, ethnic or national origin, or religion, without actual purpose or reasonable suspicion, and that has the effect of subjecting the individual to differential scrutiny. More and more complaints of this type are being made to the Human Rights Commission. Racial profiling is, on balance, the result of intolerance, misunderstandings, lack of cross-cultural communication and preconceived notions by police officers." - Collectif opposé à la brutalité policière (COBP; Collective against police brutality) |
Regulatory offence | “Regulatory offences are the least serious, such as disturbing the peace (section 175), participating in an unlawful assembly (section 66(1)) or being naked in a public place (section 174). A person convicted of such an offence is liable to a fine of not more than five thousand dollars and imprisonment for not more than two years less a day (section 787 (1))." They do not result in a criminal record. After 12 months, it is no longer possible to prosecute; if you do not receive the information that you are under arrest before this term, the process stops. - Ligue des droits et libertés |
Social profiling | "With the goal of "cleaning up" the public space, social profiling is a form of discrimination that consists of police officers and other law enforcement officials imposing fines on people who do not "seem to conform to society" through the strict application of municipal regulations for minor infractions. Marginals, itinerants, punks, homosexuals, prostitutes, immigrants, the poor, etc. are all targets in order to "protect and serve us". This type of profiling is only meant to give the impression of a "beautiful image of the city" in front of tourists." - Collectif opposé à la brutalité policière |
What if I'm arrested or detained? [1] [2]
- First, ask these questions: "Am I under arrest" and/or "am I free to go?"
- Police can detain someone if they suspect they have committed a crime or to ticket. They must explain they are detaining for questioning or tell you the offence you have committed. Do not answer their questions.
- Physically resisting arrest can lead to criminal charges. Going completely limp does not count as resisting arrest. Holding onto something, pulling, or running does.
- You have the right to be informed of the reason for your arrest.
- You must give three pieces of personal information in case of detention or arrest. Refusing to identify yourself when arrested can result in an obstruction charge (criminal charge). Give your:
A: address
D: date of birth
N: full name
- You have a right to make calls, more than one if necessary, to reach a lawyer. 24-hour legal assistance: 1800-842-2213
- The police will promise you they'll drop the charges if you cooperate. This is false.
- Cops may ask you to identify objects or people in photos. It's best to simply state you have nothing to declare.
- Police may use lies such as stating a witness or friend has reported you. Continue to remain silent. Police officers have extensive training in interrogation. They have the right to make false promises and to lie (legally).You have the right to a lawyer, and this service is free. REMAIN SILENT or simply respond to all questions from police with "I'll only speak in the presence of a lawyer." Police must stop questioning you until you have spoken to a lawyer. You have a right to speak to a lawyer in private.
- If you are being detained, police can do a pat down search of your body to look for weapons.
- If you are being arrested, the police can seize and do a more thorough search of you and your belongings.
- If you are being arrested, the police can seize your phone and they may be able to do a search of its contents. Tell the police you do not consent to a search of your phone. Police cannot force you to tell them your password or unlock your phone, and they can’t delete anything.
- DO NOT say/sign/agree to any terms without an attorney there. In most cases you will need to sign a promise to appear.
- Write down the events in detail (time, place, movements, people present, physical descriptions, words heard or expressed, etc.) and do not rely solely on your memory, given the time required to be heard in court. Give this information to your lawyer
Contesting a statement of offence [3] [4]
- A statement of offence is automatically entered for a hearing in the municipal court and there is no notice of the hearing date. A conviction is almost inevitable. A Notice of Conviction is then mailed.
To contest...
- "Check the "not guilty" box on the back of the report or write it by hand. There is no obligation to write your version of the facts. It can be kept for the hearing before a judge.
- Write "I request disclosure of evidence" to obtain the documents that the prosecution has against you in order to prepare its defence.
- Make a copy of the ticket and keep proof you sent it. If there is a dispute, the court will send a notice of hearing. The trial must take place within 18 months of the statement of offence.
- Write down your version of the events to contest it in court. The Crown must prove all of these elements against the accused in order to obtain a conviction.
Defending yourself against a criminal charge [5]
Release and conditions [7]
- identify them
- collect or preserve evidence related to the offence
- prevent the continuation of the offence
- ensure the safety of victims or witnesses to the offence
- ensure the arrested person's presence in court.
Taking care of your offence reports [8]
If found guilty [9]
- Pleading guilty or being found guilty on a traffic ticket does not result in a criminal record. The consequence is monetary. If a challenge to a traffic ticket is unsuccessful, additional costs must be paid by the guilty person. In case of inability to pay, arrangements can be made such as having property seized following a visit by a bailiff. Imprisonment for non-payment is only possible in cases where "the defendant has, without reasonable excuse, refused or neglected to pay such sums." Inability to pay would be a reasonable excuse. - Droit De Manifester
- Criminal charges against protesters are often hybrid (their prosecution may be summary or indictable depending on the choice of the prosecutor). "A criminal conviction generally results in a criminal record that may result in a bar to certain employment, citizenship, or foreign travel." A conviction of guilt with a discharge (with or without conditions) does not result in a criminal record. "However, a person who has obtained a discharge and is practicing a regulated profession (lawyer, nurse, etc.) must declare it to his or her professional order." -Droit de Manifester
- In the event of an acquittal or discharge, it is possible to request the destruction of the record compiled by the police department and restrict public access to the information contained in the court's computerized records through a request for destruction of the record.
- Each police department has its own procedures for submitting a request for the destruction of records. The time limits for making such a request are different for acquittals (2 months), unconditional discharges (12 months) and conditional discharges (36 months).
- A request for non-disclosure can also be made to make information about court proceedings inaccessible to the public.
- The same deadlines as for the request to destroy the file apply. Information from a criminal record can be made inaccessible by applying to the Parole Board of Canada for a suspension of criminal records by completing an online form. If charged by summary conviction this can be applied for 5 years after the end of the sentence. If charged criminally this can be applied for 10 years after the end of the sentence. Demonstration of the benefits associated with such a suspension are required.
- The same deadlines as for the request to destroy the file apply. Information from a criminal record can be made inaccessible by applying to the Parole Board of Canada for a suspension of criminal records by completing an online form. If charged by summary conviction this can be applied for 5 years after the end of the sentence. If charged criminally this can be applied for 10 years after the end of the sentence. Demonstration of the benefits associated with such a suspension are required.
Minors [10]
- ↑ Canadian Civil Liberties Association
- ↑ http://unfuck.cobp.resist.ca/fr/documentation/brochure-guess-what-weve-got-rights
- ↑ http://droitdemanifester-ldl.uqam.ca/
- ↑ unfuck.cobp.resist.ca/fr/documentation/brochure-guess-what-weve-got-rights
- ↑ http://droitdemanifester-ldl.uqam.ca/
- ↑ Anonymous lawyer consultation
- ↑ http://droitdemanifester-ldl.uqam.ca/
- ↑ http://droitdemanifester-ldl.uqam.ca/
- ↑ http://droitdemanifester-ldl.uqam.ca/
- ↑ http://unfuck.cobp.resist.ca/fr/documentation/brochure-guess-what-weve-got-rights