Interactions with government agents/police
English version pdf | French version pdf
Enforcement Agent/Police Engagement
Have persons available to record your interaction
Advise the agent/officer you are exercising your “guaranteed” Charter of Rights to life, liberty, and security of the person, and the right to seek economic gain as per the Supreme Court
You have a right to remain silent. Use it
Do not answer any questions!
Be respectful, polite, non-combative but stand your ground!
State you are exercising your charter right and will not answer questions without legal counsel
No legal Warrant, no entrance onto, or into, properties
All warrants must state the date, time, and purpose of the entry as signed by a judge or legal officer of the court. No warrant, no entry!
Ask the enforcement agent/police constable for identification, badge number – Write it down along with your name, the date and time
If the enforcement Agent/Police start to use other verbal tactics, expect to be asked:
- Your name
- For your Identification
- Your role or title
Do Not Answer!
- Respond By asking if you are being detained or are under arrest
- If they state no, Then you state that you have no further business with that Agent/Police constable
If the Agent or Police Constable persists
- You must request that they leave
- If they do not comply, you must state that they are now trespassing and will be subject to the Trespass Act
- And if they persist they will be prosecuted
- Step away from the conversation, but not your post
- Verbally, stand your ground no warrant no entry
- Respectfully accept the ticket
- State that you do not contract with the officer, court, or the government
- Immediately dispute the ticket on the back of the summons
- Write, I do not contract/consent, check off the section, you intend to dispute the fine/ticket
- Take photographs/copies of the tickets as a record for your file
Take detailed notes describing the event at the time of interaction. Include what was said and by who. Review your video if available as an aid when writing your notes. Add the date and time on your notes and sign each page. Your notes can be used to refresh your memory during court if they were made shortly following the encounter.
Courts
Courts are currently closed
The current experience in British Columbia, Alberta and Ontario is governments do not want these tickets to be tried and set judicial precedents because based on the Constitution and Charter of Rights, they will lose.
All these fines are for deterrent purposes designed to further instill fear.
You are entitled to receive free legal representation if arrested and only when taken into custody (Canada Wide). You must be given access to your preferred lawyer or a free legal aid lawyer as soon as possible following any arrest (make note of any delays in access to a lawyer). When provided access to the lawyer you must be given privacy for the conversation. Following that conversation, maintain silence.
Disclaimer: This information is not intended to be used as legal or health advise. Use at your own risk. We encourage you to do your own research.