What are my rights while participating in a protest?

In Canada, the Canadian Charter of Rights and Freedoms, guarantees your right to peaceful protest. Under Section 2 of the Charter, you have the freedom of peaceful assembly and freedom of expression.

You have the right to:

• Peacefully Assemble: 

  You can gather with others to protest as long as the protest is non-violent.

• Freedom of Expression: 

  You can express your opinions and share your messages during the protest.

• Right to be Free from Unreasonable Search or Seizure: 

  Police cannot search you or your belongings without:Reasonable groundsA  warrant, or Your consent

Blocking a public thoroughfare without prior authorization would likely result in police intervention, arrests, and bylaw tickets. This is often done in protests as a form of civil disobedience but it could result in criminal charges like Mischief.

How can I protect myself during a protest?

Protesting can be risky. While you should be able to exercise your fundamental right of peaceful assembly, some situations can be intimidating.

Here are some preparation and safety tips to keep in mind in order to protect yourself during a protest:

How can I protect myself during a protest?

Pre-Protest Plan: 

Let someone know you are going to a protest such as a friend, family or someone from your group (like an affinity group). Plan ahead to check in with them once you have left the protest safely. This is to make sure that you are safe and in case they do not hear from you or think you might have been arrested, they contact the legal support team right away. 

Protective Gear: 

Use goggles to shield your eyes from irritants like tear gas. Although a mask and bandana can help filter out harmful substances, it is not advisable to use the mask to disguise yourself , except for if you have health reasons to do so.

Limited Personal Items: 

Carry minimal personal information. You may wish to leave your cell phone at home or turned off until you need it. However if kept on, make sure to use a password for your phone instead of a digital fingerprint or face recognition to protect against unauthorized searches. You may also keep your location tracking turned off or just carry a prepaid phone brought just for the protest purpose. 

Essential medical supplies: 

Pack essential medication with you in its original packaging in case you are detained. 

Emergency Contacts: 

Memorize emergency phone numbers or write them on your arm in case of emergencies and phone inaccessibility. 

Digital Privacy: 

Use secure messaging apps like Signal, and consider using a VPN to protect your online activity.

Affinity Groups:

It is a good idea to stick with a small group of 4 to 5 people you trust. Groups like these can sometimes be called ‘affinity groups’ that provide for good self- defence compared to an isolated individual who is usually an easier target for abuse from police or counter-protests since, they might have limited or no witnesses. 

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What actions are prohibited during protests?

Despite the right to protest, there are certain actions are prohibited or not allowed in Canada:

• Violence or Property Damage: 

  Engaging in violence or damaging property is illegal and can lead to criminal charges.

• Obstructing the Police: 

  You cannot physically block or interfere with police officers while they are doing their jobs.

• Trespassing: 

  Protesting on private property without permission may lead to trespassing charges.

  
  

What is the difference between a lawful and unlawful assembly? Who determines this? How does civil disobedience fit into this?

As per Section 63 of the Criminal Code, an Unlawful Assembly is an assembly of three or more people who, with intent to carry out any common purpose, assemble to cause people in the neighbourhood of the assembly to fear on grounds that they:

• will disturb the peace turbulently
• will by that assembly, needlessly and without reasonable cause provoke other people to disturb the peace turbulently

Whereas, a Lawful Assembly is a peaceful gathering of individuals exercising their rights under the Canadian Charter of Rights and Freedom. 

Under some circumstances, a  group of people who are lawfully assembled can become an unlawful assembly if:

• They start acting together (with a common purpose)
• In a way that would have made the gathering unlawful if they had started off acting like that.

Law enforcement authorities assess the nature of the assembly based on behavior and intent.

During a protest, if someone intentionally breaks certain laws to challenge what they believe is unfair or unjust, this is known as civil disobedience. Police are expected to enforce the law as it currently exists, until it is changed by the courts or the government. While civil disobedience is a recognized form of protest, participants should understand that it can lead to legal consequences.

How should I respond if questioned during a protest?

If police officers question you during a protest, you have specific rights. Here are some you should remember:

• Right to Remain Silent: 

  You do not have to answer police questions during a protest.

• Ask If You Are Free to Go: 

  If you are not being detained or arrested, you can ask the officer, "Am I free to go?"
  If they say yes, you can leave.

• Right to a Lawyer: 

  If you are detained or arrested, you have the right to speak to a lawyer as soon as possible.

  
  

Do I need a permit to organize a protest?

In many cases, protests on public property do not require a permit. However, if your protest involves large gatherings, use of sound equipment, or obstructing traffic, you may need to obtain a permit from local authorities.

Can provincial bylaws override my charter rights?

The Canadian Charter of Rights and Freedoms guarantees fundamental rights, including freedom of expression and peaceful assembly. Section 33, known as the "notwithstanding clause," allows federal or provincial governments to pass legislation that operates notwithstanding certain Charter rights. This means that, in specific cases, provincial laws can limit Charter rights, but such actions are subject to legal scrutiny and must be clearly stated.

What is a legal observer? What role do they play? What are their rights, and what should they do if they are stopped or told they are not allowed to perform their duties?

Legal Observers are individuals who purposely position themselves close enough to the protest or demonstration to be able to accurately watch and report the activities of the participants and the law enforcement who interacts with them. They are independent from the protest and do not participate as activists to ensure accountability. 

They have the right to observe and record the events in public places, provided they do not interfere with the law enforcement activities. 

If asked to stop from performing their duty, the legal observers should:

• Remain Calm
• Explain their role as a legal observer if asked.