Know Your Rights

Legal Education Resources

Being aware, informed and alert will keep you and those around you safe. Although our aim is for a peaceful demonstration of community strength and solidarity, we want to be prepared for every possibility.

Disclaimer: The information provided here is for legal education purposes. This is not intended as legal advice.

The information contained here is compiled with thanks from resources from Movement Defence Toronto, Black Legal Action Centre, and Pivot Legal Society.

Tips to Protect Yourself

Many in our community have experienced first-hand how police use tactics to intimidate or threaten protesters who try to assert their rights, or may act friendly in order to gain information or persuade you to waive your rights. When dealing with the police it is important to stay calm and politely assert your rights. Never physically interfere with the police if they decide to search, detain or arrest you.* Try to gather as much information as you can, including the names and badge numbers of the officers involved, and whether the police intend to lay any charges against you.

Tell someone you are going to the protest and let them know you got home safe. Provide this person the legal number to find out information in case of arrest.
Don’t give Police an excuse. Don’t bring drugs, weapons, your address book, or any other sensitive materials with you to the protest
Write down the number of a trusted lawyer on your body in permanent marker.
Ensure your phone is unlocked via password only i.e. not via fingerprint or facial recognition
Write down everything that happened if you had an encounter with the police as soon as possible.
Be aware. Some people face an increased risk of being targeted, whether because they are part of a marginalized group or because of their political beliefs.
If you think your rights have been violated, consult with a lawyer.

I do not have to answer any questions or identify myself to police while participating in a demonstration. If you are in a bar or a cinema, driving a car, or the police say you broke the law, you must give your name, birthdate, and address, or show your ID, but you do not have to say any more.
I can say “No” if the police ask to search me or my things. If the police try to search you or things, tell them you do not consent, but do not physically interfere.
Saying “No” does not mean I have something to hide.
I can leave unless I am being detained or arrested.
I can only be strip-searched in private and by officers of the same gender. If the police ask you to agree to a strip search, ask to speak to a lawyer right away. If the police insist on searching you, say that you do not consent, but do not physically interfere.
Yes, I have the right to photograph or record a police officer who is on duty
If I am being detained or arrested I have a right to know why and a right to speak privately to a lawyer without delay, even if I cannot afford to pay.
I have a right to know a police officer’s name and badge number.
I can report a police officer who abuses me, swears at me, or violates my rights.

Statement for Police

You may wish to provide a direct statement to police if you’re in an interaction such as an arrest or a detainment:

“Officer, if I am under arrest or being detained, please tell me so. If I am free to go, please tell me so. If I am not free to go, please tell me why. I wish to exercise all my legal rights including my right to silence and my right to speak to a lawyer before I say anything to you. I do not consent to being searched. I wish to be released without delay. Please do not ask me questions because I will not willingly talk to you until I speak to a lawyer. Thank you for respecting my rights.”

Your Rights If You are Arrested

You must be advised why are arrested or be immediately released if there is no reason provided;
You have the right to speak to a lawyer in private as soon as possible
If you don’t have a lawyer, you can speaking with a Legal Aid Ontario Duty Counsel, a free lawyer, and police will put you in touch with them;
It is important you do not resist arrest, even if you didn’t break any law. If you resist arrest, you will be breaking the law and can be charged with a criminal offence on that basis alone.

*If your mobility or freedom is being restricted, you are being detained. If you are placed under arrest, it must be clearly stated that you are being placed under arrest.