Know Your Rights: Standing in Solidarity with the Black Community

Black communities bear a disproportionate level of interactions with Canadian law enforcement. According to the Ontario Human Rights Commission (2018), Black people in Toronto are 20x more likely to be shot dead by the police than their white counterparts. The report further outlines that while Black people comprise only 8.8% of Toronto’s population, they represent almost 32 percent of individuals charged. Furthermore, Black people in Toronto account for 61% of cases in which police utilized excessive force which led to death, and represented 70% of cases where a police shooting, specifically, resulted in death. The history of police brutality in Canada stems from the practice and process of colonization in the 1830s, which is based on domination, racial segregation of Black peoples in Canada, and continues into the present day with a lack of legitimate police reforms. “They (the police) aided really largely in Canadian nation-building. They were important in developing what Canada sees as its national fabric, which is founded on whiteness” - Assistant Professor Camisha Sibblis (Assistant Professor at the University of Windsor). Based on these appalling statistics, as founders of the YorkU Student Hub we believe that it is necessary for Black communities and individuals to have a full understanding of their legal rights, and the possible restrictions to these rights, in a police interaction to maintain their personal safety. In this section, the YorkU Student Hub members have accumulated a variety of comprehensive guides and resources to provide individuals with key information about what you are required to do during a police interaction, what you do not have to do, and what you can do!

Being Stopped by the Police

According to Steps to Justice, there are 3 general circumstances in which a police officer is able to legally stop you:

If they have reasonable suspicion that you have committed a crime
If you are visibly caught committing a criminal act
If you are driving (Remember: driving is a privilege, NOT a right)

Update on Carding: In Ontario, the police practice is known colloquially as ‘carding’, and officially as the ‘Community Contacts Policy’ was banned in January 2017. Carding is an intelligence-led and information-gathering practice that involves the stopping, questioning, and identifying of individuals when no particular offense is being investigated. The information gathered during an interaction, such as name, race, and gender, is stored in a private police database. The intention of this highly-sensitive database remains unclear. The perceived purpose of such a practice was to maintain public safety by increasing interactions between members of the public and the police for the desired outcome of increased police legitimacy and increased feelings of security. However, despite the ban on carding, police are still able to ask for information while conducting a traffic stop, detaining and arresting, investigating, and executing a warrant.

Using this link you can find the official legal rules on carding on the Ontario government website:

https://www.ontario.ca/laws/regulation/160058.

The Skin We're In

The director of the CBC procedural documentary, The Skin We’re In, Charles Officer brings to life Black Canadian journalist, activist, author, and broadcaster, Desmond Cole’s biography of his struggle against racism in Canada during 2017, highlights some key points for citizens if stopped and questioned by the police, not related to a specific crime:

Breathe. Don't Panic
Remember that you haven't done anything wrong.
You have the right to ask the police why you are being stopped.
You have the right to choose to cooperate or walk away.
You have the right to request the police for their identification number.

Here is a link to some commentary on the CBC documentary The Skin We’re In and a link to the documentary:

https://www.cbc.ca/firsthand/m_features/heres-what-you-need-to-know-about-carding

The Difference between Arrest and Detention

Steps to Justice provides a comprehensive answer in response to the question “what are my rights if I am detained or arrested?”.

For full details please visit their website provided in the link below:

https://stepstojustice.ca/questions/criminal-law/what-are-my-rights-if-im-detained-or-arrested

Arrest: The most important aspect of a proper and justified arrest is when a police officer explicitly states the sentence: “you are under arrest” and begins to inform you of the reason for arrest and states your legal rights upon being arrested. You will formally be taken into police custody. Your constitutional rights upon arrest are as follows: the right to remain silent when questioned by the police; the right to be told why you have been arrested; the right to be told that you can hire a lawyer; the right to be told about duty counsel and legal aid; and the right to speak to a lawyer, privately and as quickly as possible. These constitutional rights also apply to detention.

Detention: You are being detained when a police officer restricts your liberty through physical restraint or psychological means. An example of this would be when a police officer flashes the lights on a police vehicle, while driving, indicating that you are required to pull your vehicle over. You are not being arrested in this circumstance.

Know Your Rights: A Citizen’s Guide to Police Interactions

The Canadian Civil Liberties Association (CCLA) has developed a citizen’s guide to rights when dealing with the police. The YorkU Student Hub believes that with an increased knowledge of your rights and freedoms in Ontario individuals will be equipped and able to take a stance against police negligence, abuse of power, abuse of authority, and demand for police accountability.

Here is the link to a printable and mobile-friendly guide by the CCLA:

https://ccla.org/cclanewsite/wp-content/uploads/2015/02/Know-Your-Rights-Booklet.pdf

Know Your Rights: A Citizen’s Guide to Peaceful Protesting

After the influential and groundbreaking Black Lives Matter Protests in June 2020, The Black Legal Action Centre (BLAC) has curated a particularly informative guide to citizen’s rights during a protest to prevent police abuse of power and foster security amongst protestors. For this guide, BLAC has partnered with the Canadian Association of Black Lawyers (CABL) to recognize that for Black people, asserting rights, freedoms, and voicing concerns can come with significant material, social, physical, psychological, and economic risks. The following guide is a summary of the constitutionally protected rights to protest peacefully followed by frequently asked questions and answers to protesting in Canada.

Here is the link to a printable and mobile-friendly guide by the BLAC and CABL:

https://cabl.ca/wp-content/uploads/2020/06/Know-Your-Rights.pdf

To accentuate this guide, Steps to Justice explores the question “I’m going to a protest. What do I need to know?” by providing an answer and 5 key steps to inform those who desire to exercise their right to peacefully protest.

Here is the link to the Steps to Justice interactive 5-part guide:

https://stepstojustice.ca/questions/criminal-law/im-going-protest-what-do-i-need-know

There is also a 1 page printable guide to protesting offered by the Canadian Civil Liberties Association (keep it, bookmark it, put it in your pocket, or share with your friends and family):

https://ccla.org/cclanewsite/wp-content/uploads/2017/01/marchrights-1.pdf