Question 1

Charter Rights & Freedoms

Accepted Answer

The Canadian Charter of Rights and Freedoms guarantees certain rights and fundamental freedoms. Section 2 of the Charter guarantees your right to believe what you choose, and to express your values. The SSMPS recognizes the importance of fundamental freedoms and all other protections in the Charter.

All police actions must occur within the scope of the rights and freedoms provided in the Canadian Charter of Rights and Freedoms. Police work under the concept of impartiality, which means acting fairly within the law and can include taking enforcement action as required by the law and the courts. Police may utilize actions falling within statutory power, civil injunctions and enforcement powers at common law.

Section 2 of the Charter states that: Everyone has the following fundamental freedoms:
- freedom of conscience and religion;
- freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;
- freedom of peaceful assembly; and
- freedom of association.
Section 7: Legal rights – life, liberty and security of person
- Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.
Section 8: Legal rights – search or seizure
- Everyone has the right to be secure against unreasonable search or seizure.
Section 9: Legal rights – detention or imprisonment
- Everyone has the right not to be arbitrarily detained or imprisoned.
Section 10: Legal rights – arrest or detention
- Everyone has the right on arrest or detention
- to be informed promptly of the reasons therefor;
- to retain and instruct counsel without delay and to be informed of that right; and
- to have the validity of the detention determined by way of habeus corpus and to be released if the detention is not lawful.
Section 12: Legal rights – treatment or punishment
- Everyone has the right not to be subjected to any cruel and unusual treatment or punishment

Canadian Charter of Rights and Freedoms: https://laws-lois.justice.gc.ca/eng/Const/page-15.html

Question 2

Limits to Charter Rights & Freedoms

Accepted Answer

The rights and freedoms contained in the Charter are not without limit.

Section 1 of the Charter, which provides for limitations on rights and freedoms, states:
- The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it, subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.
The Supreme Court of Canada has recognized that the freedoms in the Charter cannot be extended to protect and justify threats or acts of violence like assault, destruction of property, or other unlawful conduct.

Question 3

Criminal Code and Provincial Statutes

Accepted Answer

The Criminal Code of Canada and/or “Case Law” contains various provisions that act to limit or control certain activities related to public demonstrations. See below for some relevant Criminal Code sections that limit certain activities. This list is not exhaustive and there are other sections of the Code that may apply:

Taking part in an unlawful assembly to disturb the peace (Section 63)
Taking part in a riot (Section 65)
Possession of a weapon for a dangerous purpose (Section 88)
Obstructing a peace officer (Section 129)
Causing a disturbance (Section 175)
Possession or use of an offensive substance like tear gas (Section 78)
Committing a common nuisance (Section 180)
Interfering with transportation facilities like roads or railways (Section 248)
Intimidation by blocking or obstructing a highway (Section 423 (1) (g))
Committing mischief (Section 430)
Preventing a breach of the peace (Section 30)
Breach of the peace (Section 31) An arrest for breach of the peace does not result in a charge. The purpose of the arrest for breach of the peace is to end the breach and restore order.
Suppression of riots (Sections 32-33)
Unlawful assemblies and riots; includes wearing a mask or disguise during an unlawful assembly (Sections 63-69)
Disobeying a court order (Section 127)
Assault and assault causing bodily harm (Sections 265-269)
Assaulting a police officer (Section 270)
Wearing a mask or disguise, with intent to commit an indicatable offence (Section 351 (2) )
Public Incitement of Hatred – Engage in hate speech or incite violence against any identifiable group (Section 319(1))

In addition to the Criminal Code and applicable case law, there may be provincial and municipal statutes that apply during demonstrations, for example the Highway Traffic Act and required Municipal permits.

Links

Criminal Code: https://laws-lois.justice.gc.ca/eng/acts/c-46/
Highway Traffic Act: https://www.ontario.ca/laws/statute/90h08
Trespass to Property Act: https://www.ontario.ca/laws/statute/90t21
Safe Streets Act: https://www.ontario.ca/laws/statute/99s08
Keeping Ontario Open for Business Act (2022): Bill 100, Keeping Ontario Open for Business Act, 2022 - Legislative Assembly of Ontario (ola.org)
Bill C3 (2021): Bill C-3: An Act to amend the Criminal Code and the Canada Labour Code (justice.gc.ca)
City of Sault Ste. Marie By-Laws: https://saultstemarie.ca/Government/City-Departments/Legal/City-By-laws.aspx

Question 4

Local By-Laws

Accepted Answer

Many local by-laws may be applicable when considering your actions at a protest or similar event.

Please review the City By-Laws on the City of Sault Ste. Marie website.

Question 5

Actions You Can, Cannot, and Must Do

Accepted Answer

You can:

Gather peacefully to assert your rights
Express your thoughts, beliefs and opinions
Get your message out in a lawful way
Have freedom of association

You cannot:

Block or obstruct a roadway
Cause a disturbance or take part in a riot
Wear a disguise during an unlawful assembly or with intent to commit an indictable offence
Disobey a court order
Harm or injure anyone
Possess weapons of any kind, including substances such as tear gas
Trespass on private property
Impede a parade

You must:

Leave private property immediately if requested by the owner or an agent of the owner. You may be arrested and are subject to being charged with trespassing if you refuse to leave.
Provide your personal information if arrested by a peace officer. You are legally required to provide your information and failure to do so could result in criminal charges.

Question 6

Consider Potential Consequences

Accepted Answer

Protesting unlawfully has the potential to affect your future. In addition to Criminal Code and municipal bylaw offences, there may also be provincial and municipal statutes that apply during demonstrations, such as the Traffic Safety Act. Charges resulting in a criminal record could result in things like:

Travel limitations
Possibility of limited employment prospects
Impacts when obtaining insurance or renting housing
Financial hardship due to fine payments
Further legal consequences if breaching a court order

Question 7

Our Duties & Commitments

Accepted Answer

SSMPS officers have, among other duties, a sworn duty to preserve the peace, prevent offences, enforce the law, protect property, preserve life and protect against serious injury. These duties have their basis in common law and statutes, including the Community Safety and Policing Act and the Criminal Code of Canada.
The SSMPS is committed to upholding Charter-guaranteed rights and freedoms and to ensuring that sworn duties are carried out. Demonstrators are advised to familiarize themselves with their legal rights and responsibilities to ensure their actions are within the boundaries of the law.
Actions by demonstrators can range from lawful and civil disobedience, known as “lawful advocacy, protest and dissent” to criminal action such as violent criminal protests. The primary concern of police is public safety, along with preserving law-abiding and safe expressions of free speech.
During an ongoing conflict one or both sides may have their actions limited by the courts by way of an ‘injunction’. Individuals who violate an injunction could be prosecuted for civil or criminal contempt. If the evidence indicates that the matter goes beyond civil contempt, the provincial or federal government may decide to pursue criminal contempt charges. In either case the police may become involved in enforcing a civil order.
The SSMPS will, where appropriate, enforce federal, provincial and municipal laws, including the Criminal Code.

Question 8

Our Police Liaison Team (PLT)

Accepted Answer

The Police Liaison Team is a key part of police planning and response to major events and conflict situations. PLT officers are focused on proactive relationship building as a means to assist in resolving issues.

PLT officers work to establish and maintain open and transparent lines of communication with all stakeholders who might be affected, directly or indirectly, by major events. By using effective negotiation and mediation techniques, PLT intervention is a useful way to communicate and avoid conflict.

PLT officers work with individuals or groups to help facilitate peaceful events and are a great resource for those planning on attending an event.
Their role is to dialogue and work with all of those affected by an event.

Groups planning to voice their opinions during an event are encouraged to contact the SSMPS Police Liaison Team in order to work with the police to plan a safe event within the legal framework.

Protests and Demonstrations

Before You Go

Your Rights and Responsibilities

The Role of Sault Police

Contact the Police Liaison Team

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Who We Are

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