Can You Be Arrested for Protesting in Ontario?
In Ontario, the right to protest is a fundamental aspect of democracy, protected under the Canadian Charter of Rights and Freedoms. However, the right to protest is not absolute. While Canadians have the right to assemble and express their opinions peacefully, there are circumstances under which an individual could be arrested for protesting.
Understanding Your Right to Protest
Section 2 of the Canadian Charter of Rights and Freedoms guarantees several fundamental freedoms, including:
- Freedom of conscience and religion
- Freedom of thought, belief, opinion, and expression, including freedom of the press
- Freedom of peaceful assembly
- Freedom of association
These rights allow Canadians to express their views, hold demonstrations, and protest. However, the key term here is “peaceful assembly.” If a protest remains peaceful, it is generally lawful. Problems arise when protests become disorderly or violate other laws.
When Protesting Can Lead to Arrest
Here are some situations where protesting might lead to arrest:
- Unlawful Assembly
- According to Section 63 of the Criminal Code of Canada, an unlawful assembly occurs when three or more people gather with the intent to carry out a common purpose that causes fear or disturbance in the community. If authorities believe that a protest has escalated to an unlawful assembly, participants could face arrest.
- Riot
- If an unlawful assembly turns violent, it can be classified as a riot under Section 64 of the Criminal Code. Those involved in a riot can be arrested and face serious charges.
- Mischief
- Section 430 of the Criminal Code defines mischief as willfully destroying or damaging property, rendering property dangerous or useless, obstructing or interfering with lawful use or enjoyment of property, or obstructing, interrupting, or interfering with any person in the lawful use, enjoyment, or operation of property. Engaging in such actions during a protest could lead to an arrest.
- Obstruction of a Peace Officer
- Interfering with police officers while they are performing their duties, such as by blocking their movements or refusing to comply with lawful orders, can result in arrest for obstructing justice.
- Trespassing
- Protesting on private property without permission can lead to arrest under Ontario’s Trespass to Property Act. Even if the protest is peaceful, being on private property without authorization is illegal.
- Disobeying a Court Order
- If a court issues an injunction (a legal order) to stop a protest or to restrict its location or size, failing to comply with that order can result in an arrest for contempt of court.
- Failure to Disperse
- If the police issue a dispersal order, instructing protestors to leave the area, failing to comply with this order can lead to arrest. This is often done in situations where a protest is deemed to be unlawful or if there is a risk of violence.
Your Rights If Arrested During a Protest
If you are arrested during a protest, it is crucial to understand your rights:
- Right to Remain Silent: You do not have to answer any questions posed by the police, except to provide your name and address.
- Right to Legal Representation: You have the right to speak to a lawyer immediately after your arrest. If you do not have a lawyer, you can request a duty counsel or be provided with access to legal aid.
- Right to Be Informed of the Charges: The police must inform you of the specific reasons for your arrest.
Conclusion
While protesting is a protected right in Ontario, certain actions during a protest can lead to arrest. To reduce the risk of arrest, ensure that your protest remains peaceful and law-abiding. Understanding the laws and your rights can help you exercise your freedom of expression responsibly and effectively. If you find yourself facing charges related to a protest, it is essential to seek legal advice to protect your rights.
If you or someone you know has been arrested during a protest, contact Glass Gavel Law at 1-833-344-2835 to ensure your rights are upheld and to receive guidance on the next steps.