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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> ==
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| <p><span style="text-decoration: underline; font-size: 12pt;"></span></p>
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| *<span style="font-size: 12pt;">First, '''ask these questions: '''"Am I under arrest" and/or "am I free to go?" </span><span style="font-size: 12pt;"></span>
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| *<span style="font-size: 12pt;">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.'''</span>
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| *<span style="font-size: 12pt;">'''Physically resisting arrest can lead to criminal charges. '''Going completely limp does not count as resisting arrest. Holding onto something, pulling, or running does. </span>
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| *<span style="font-size: 12pt;">You have the '''right to be informed''' of the reason for your arrest. </span>
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| *<span style="font-size: 12pt;">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:</span><span style="font-size: 12pt;"></span>
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| <p>'''<span style="font-size: 12pt;">A: address</span>'''</p>
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| <p>'''<span style="font-size: 12pt;">D: date of birth</span>'''</p>
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| <p>'''<span style="font-size: 12pt;">N: full name</span>'''
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| <span style="font-size: 12pt;"></span></p>
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| *<span style="font-size: 12pt;">You have a right to make calls, more than one if necessary, to reach a lawyer. 24-hour legal assistance: 1800-842-2213</span><br>
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| *<span style="font-size: 12pt;">The police''' will promise you they'll drop the charges if you cooperate.''' This is false.</span>
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| *<span style="font-size: 12pt;">Cops may ask you to identify objects or people in photos. It's best to simply''' state you have nothing to declare.'''</span>
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| *<span style="font-size: 12pt;">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).</span><span style="font-size: 12pt;">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. </span>
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| *<span style="font-size: 12pt;">If you are being detained, police can do a '''pat down search '''of your body to look for weapons.</span>
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| *<span style="font-size: 12pt;">If you are being arrested, the police can seize and do a '''more thorough search of you and your belongings. '''</span>
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| *<span style="font-size: 12pt;">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.''' </span><br>
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| *<span style="font-size: 12pt;">'''DO NOT say/sign/agree to any terms without an attorney''' there. In most cases you will need to sign a promise to appear.</span><br>
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| *<span style="font-size: 12pt;">'''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</span>
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| === <span style="text-decoration: underline;"><span style="font-size: 12pt;">Contesting a statement of offence</span><span><span style="font-size: 12pt;"> <ref>http://droitdemanifester-ldl.uqam.ca/</ref> <ref> unfuck.cobp.resist.ca/fr/documentation/brochure-guess-what-weve-got-rights</ref> </span></span></span> ===
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| <li><span style="font-size: 12pt;">Contesting a statement of offence is generally not covered by legal aid, unless a lawyer accepts to represent you free of charge. In theory, you must contest your statement of offence in writing within thirty days of receiving it. In fact, '''you can do so as long as there is no conviction.'''</span></li>
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| *<span style="font-size: 12pt;">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.</span>
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| <span style="font-size: 12pt;''>To contest...</span></span>''
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| *<span style="font-size: 12pt;">"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. </span>
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| *<span style="font-size: 12pt;">Write "I request disclosure of evidence" to obtain the documents that the prosecution has against you in order to prepare its defence. </span>
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| *<span style="font-size: 12pt;">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. </span><span style="font-size: 12pt;">The trial must take place within 18 months of the statement of offence. </span>
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| *<span style="font-size: 12pt;">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.</span>
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| <p><span style="text-decoration: underline;"><span style="font-size: 12pt;"></span></span></p>
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| === <span style="text-decoration: underline;"><span style="font-size: 12pt;">Defending yourself against a criminal charge </span></span><span style="text-decoration: underline;"><span style="font-size: 12pt;"> <ref>http://droitdemanifester-ldl.uqam.ca/</ref> </span></span><span style="text-decoration: underline;"><span style="font-size: 12pt;"><span style="text-decoration: underline;"><span style="font-size: 12pt;"></span></span></span></span> ===
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| <li><span style="font-size: 12pt;">Your''' appearance date''' is the first date on which evidence is presented. A date in the format will be established (to communicate and negotiate). Between court dates, it is difficult to communicate with the prosecutors. These meetings will allow us to negotiate if we go to trial, reduced sentences with a guilty plea, a withdrawal of charges, an acquittal without trial... If no agreement is reached, the terms of the trial will be discussed. </span> <ref><span style="font-size: 12pt;"> Anonymous lawyer consultation</span></ref> </li>
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| <li><span style="font-size: 12pt;">The prosecution must prove guilt, a reasonable doubt must be raised in the mind of the person on trial. Sometimes this means not presenting a defence. The accused does not always have to testify. If the person is found guilty, there will be a sentencing trial. It follows a guilty plea or conviction (which results in a criminal record).</span></li>
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| <li><span style="font-size: 12pt;"><strong style="">Legal aid for defence</strong> <strong style="">may be available</strong> if income is low. Many lawyers refuse these mandates because of their low income. This can affect the quality of their defence because of the time spent on it. A legal aid mandate can be refused. In this case, it is possible to request a review within 30 days. A person can defend themselves alone but should consult a lawyer and/or get support from advocacy groups.</span></li>
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| <li><span style="font-size: 12pt;">"The trial must be held within a reasonable time." (18 to 30 months maximum). The decision may be rendered on the spot or several weeks later.</span></li>
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| === <p>'''<span style="font-size: 12pt;"><span><span style="text-decoration: underline;">Release and conditions </span> <ref>http://droitdemanifester-ldl.uqam.ca/</ref> </span></span>'''</p> ===
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| <li><span style="font-size: 12pt;">As soon as detention is no longer necessary to prevent the continuation of the offence, "'''in most cases, the arrested person will be released at the scene of arrest after the identification process."''' "A statement of offence may be issued to him/her on the spot or mailed to them later." - Droit de Manifester</span></li>
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| <li><span style="font-size: 12pt;">"Often, especially in the context of mass arrests by encirclement, arrestees are held for long hours at the scene or on buses, then moved and released at some police station or elsewhere in the city. This practice, as well as the searches conducted, is abusive. It is often a means of repression designed to demobilize and deter people from participating in protests..." - Droit de Manifester</span></li>
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| <span style="font-size: 12pt;">Police officers who '''issue a traffic ticket cannot impose conditions to be met. '''These can only be imposed when you are charged with a criminal offence.</span></li>
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| <li><span style="font-size: 12pt;">In the case of a criminal offence, the continued detention of a person after arrest may be considered to:</span></li>
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| #<span style="font-size: 12pt;">identify them</span>
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| #<span style="font-size: 12pt;">collect or preserve evidence related to the offence </span>
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| #<span style="font-size: 12pt;">prevent the continuation of the offence </span>
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| #<span style="font-size: 12pt;">ensure the safety of victims or witnesses to the offence </span>
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| #<span style="font-size: 12pt;">ensure the arrested person's presence in court.</span>
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| <li><span style="font-size: 12pt;">Appearance before a judge must take place within a maximum of 24 hours. "The police officer may decide to release the person without having to go before a judge. The released person can then sign a document that details the charge against him or her, the conditions to be respected and the date of appearance before a judge, or he or she will receive a summons by mail with this information." - Droit de Manifester</span></li>
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| <li><span style="font-size: 12pt;">Conditions imposed at the time of the charge might include, for example, obligation to keep the peace and be of good behaviour, house arrest, respect of a curfew etc. If not met: criminal charge of breach of condition. This adds a criminal charge to the file.
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| === <p>'''<span style="font-size: 12pt;"><span><span style="text-decoration: underline;">Taking care of your offence reports</span></span><span><span style="font-size: 12pt;"> <ref>http://droitdemanifester-ldl.uqam.ca/</ref> </p> ===
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| <li><span><span style="font-size: 12pt;">Identify the municipal court in the jurisdiction where the ticket was issued (usually on the back of the ticket). Pay the fine or make a payment agreement by demonstrating limited financial capacity. </span></span></li>
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| <li><span><span style="font-size: 12pt;">In case of limited financial capacity, there is the possibility of negotiating a compensatory work agreement (volunteer work). The number of hours is calculated according to the amount of your debt. For the first $500 of the debt, $10 will be paid per hour of volunteer work. Then, up to $5,000 of debt, $20 per hour will be paid.</span></span></li>
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| <p><span style="text-decoration: underline;"><span style="font-size: 12pt;"></span></span></p>
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| === <p><span style="text-decoration: underline;"><span><span style="font-size: 12pt;">'''If found guilty'''</span></span></span><span style="text-decoration: underline;"><span style="font-size: 12pt;"><span style=""> </span> <ref>http://droitdemanifester-ldl.uqam.ca/</ref> </span></span></p> ===
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| *<span style="font-size: 12pt;">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</span><br>
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| *<span style="font-size: 12pt;">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</span>
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| *<span style="font-size: 12pt;">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. </span>
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| *<span style="font-size: 12pt;">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).'''</span>
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| *<span style="font-size: 12pt;">A request for non-disclosure can also be made to make information about court proceedings inaccessible to the public.</span>
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| ::<span style="font-size: 12pt;">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.''' '''</span><span><span style="font-size: 12pt;">'''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.</span><br></span>
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| === <span style="font-size: 12pt;">'''<span style="text-decoration: underline;">Minors</span> <ref> http://unfuck.cobp.resist.ca/fr/documentation/brochure-guess-what-weve-got-rights</ref> </span></span></p> ===
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| '''</span><li><span style="font-size: 12pt;">For those between 12-18, if you are arrested you must not be detained in the same cell as adults. The police must contact your parents/guardians to inform them of your arrest as soon as possible. </span></li>
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| <li><span style="font-size: 12pt;">Police must ask if you would like a parent or lawyer present before you provide a statement. All minors have the right to legal aid. Y</span><span style="font-size: 12pt;">ou have the right to remain anonymous to the public.</span> </li>
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| <li><span style="font-size: 12pt;">Your police record will be destroyed after some time if no further infractions are committed.</span></li>
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