If you see the police in time to avoid them , that is the safest thing for you to do.
Intoduction: A couple of years ago I'd have felt uncomfortable using the word 'cop' in some contexts in case it inferred a lack of respect that I didn't feel. Now, as a man in his sixties just entering retirement, I don't feel that way at all. The transformation in my thinking started when the RCMP organization itself didn't do anything about the four thugs led by Cpl. Monty Robinson who murdered Robert Dziekanski at the Vancouver airport. It wasn't the event itself that started to turn me away from police as an institution. The event itself was totally outrageous of course- but the RCMP as an organization turning a blind eye to it was a far more sinister evil. It showed me that the freedom of the police to break the law and victimize citizens had become institutionalized. It showed that it never was just a case of a few bad apples as I had thought when previous abuses occurred. Rather, it has always been a case of a corrupt organization- and I just hadn't realized. So when I started to seriously look into it from that standpoint I found a veritable plethora of facts to prove that I had been living with blinders on. I found that the RCMP in particular is rotten to the core, but that other police forces can't be trusted either. I started the site The Status of the Status Quo in late 2009, and ever since I've been entering old news stories as I discover them about police officers getting away with crimes that are really quite horrible, and new ones as they occur. When I say 'getting away with' I mean, not even getting fired, let alone prosecuted. You really have to go to that site and read those many cases in order to get a feel for what I'm saying because if you don't study it a bit, it sounds too incredible to be true.
As it did for me, that reading will also lead you to conclude a second sinister thing: when these officers in such large numbers weren't fired it proved the organizations were corrupt, but even worse-when they weren't prosecuted it proved our government of the day is an accomplice in this ongoing travesty. The result- police officers who have done everything from punching people out for taking their parking place, through severely beating handcuffed prisoners, to tazering children and people in their eighties- are still on duty near you. They've victimized and abused so many people I had to make a separate web site to even begin to describe the tip of the iceburg.
In concluding this introduction, it's probably fitting that since the Vancouver airport tazer event inspired this page, I should outline the developements since the airport murder of Robert Dziekanski by Monty and his fellow cowardly gang members. Nothing negative happened to any of them. They were re-posted to areas where they weren't known except for Monty who stayed posted in the area to work on Olympic security. One night a few weeks after the airport murder he had some drinks and on his way home and ran over a young man of 21 and killed him. Monty left the young man dying in the street and ran home to have some more drinks so that when he returned to the scene he could claim he hadn't been driving drunk. The ploy didn't work with the Delta police officers who arrested him, but of course, the Crown bought it. They didn't charge him with drunk driving even though his blood alcohol was far more over the limit than he could possibly have quaffed down after he left the scene, and even though the city officers recommended drunk driving charges on no uncertain terms. The young man would still be alive to this day if Monty had been jailed for the airport murder.
The lawyer who defended Monty at the wrist slapping commission doing a report on the airport murder was himself a former policeman who became a lawyer and specialized in defending renegade cops. Last week, having previously added Monty to the long list of policemen he had successfully gotten off the hook over the years, he was rewarded with an appointment as a judge by the solicitor general. The solicitor general is also a former cop. This solicitor general who declined to intervene in the lack of charges for drunk driving against Monty, has a boss who was convicted of drunk driving- the premier of B.C. But note: convicted in Hawaii. Our crown prosecutors would have looked the other way.
This web site is all about how to try to avoid being their next victim.
In concluding this introduction, it's probably fitting that since the Vancouver airport tazer event inspired this page, I should outline the developements since the airport murder of Robert Dziekanski by Monty and his fellow cowardly gang members. Nothing negative happened to any of them. They were re-posted to areas where they weren't known except for Monty who stayed posted in the area to work on Olympic security. One night a few weeks after the airport murder he had some drinks and on his way home and ran over a young man of 21 and killed him. Monty left the young man dying in the street and ran home to have some more drinks so that when he returned to the scene he could claim he hadn't been driving drunk. The ploy didn't work with the Delta police officers who arrested him, but of course, the Crown bought it. They didn't charge him with drunk driving even though his blood alcohol was far more over the limit than he could possibly have quaffed down after he left the scene, and even though the city officers recommended drunk driving charges on no uncertain terms. The young man would still be alive to this day if Monty had been jailed for the airport murder.
The lawyer who defended Monty at the wrist slapping commission doing a report on the airport murder was himself a former policeman who became a lawyer and specialized in defending renegade cops. Last week, having previously added Monty to the long list of policemen he had successfully gotten off the hook over the years, he was rewarded with an appointment as a judge by the solicitor general. The solicitor general is also a former cop. This solicitor general who declined to intervene in the lack of charges for drunk driving against Monty, has a boss who was convicted of drunk driving- the premier of B.C. But note: convicted in Hawaii. Our crown prosecutors would have looked the other way.
This web site is all about how to try to avoid being their next victim.
What you what you need to know about identifying yourself to police, being detained, being questioned, being arrested.
Know Your Rights
The following are the laws as they apply to you.
Crown Council (lawyers appointed by the government to decide who must face trials) very rarely charge police for anything, virtually no matter what the police do. Therefore, I say to you, fellow citizens...
BE CAREFUL OUT THERE !!
(Review: Read the handbook but remember this because it isn't in the book.... in Canada the police are above the law.)
Part I
The laws about identifying yourself, being searched, being detained, and being arrested:
Question 1.
Do you have to identify yourself and / or produce I.D. if asked by a police officer?
Answer: No, except in three situations:
If you're placed under arrest, yes
If your being given a ticket, yes
If you're driving a vehicle, yes
If your being given a ticket, yes
If you're driving a vehicle, yes
Summary: You don't have to identify yourself or produce ID if you are not driving a vehicle, not under arrest, or not being given a ticket.
Fact of Life: In Canada, if you are walking along minding your own business you will probably be given a ticket for jaywalking if you exercise your right to decline to give your name. Then you will have to give your name. (You can gauge the likelihood of this happening by observing whether or not the officer tries to creep you out by aggressively staring at you with a nasty "you piece of crap" disgusted expression on his face.)
Question 2.
Do I have to talk to a policeman on the street who engages me in conversation or asks me questions?
Answer: No, unless you are arrested or ticketed.
In those two cases you have to give your name and address- but nothing more. Police officers can use polite conversation to find a reason to hold you or arrest you. They could also be investigating an incident you saw or know about. A few of them might simply be friendly. Regardless, if you don’t like the questions or facial expressions of the police, just smile nicely and keep walk away. If they ask you to stop, you should ask the question: “Am I free to go?” If the answer is yes, you can and should resume walking away.
Summary : The rule of thumb is, if you aren't comfortable with the questions, you don't have to answer and you shouldn't chat. Exceptions: You have to give your name and address if you are given a ticket or arrested, but you don't have to do any other talking. Gabbing away is dangerous.
Fact of Life: In Canada, if you are being detained, the gloves are off. Keep silent but co-operate physically.
Question 3.
If I am being detained, what do I do?
Answer: Stand there with your mouth shut. (Review: if you ask if you are free to go and the police officer says "no", you are being detained. You still don't have to identify yourself unless you have broken a law and are being ticketed. You have the right to be told why you're being detained. Unless the answer is obvious (you saw a robbery or something similar happening), the police officer must tell you what reason he has for holding you against your will- which is exactly what is happening. Remember the reason the police officer gives for detaining you, if he gives you one. Get the badge number or name of the police officer so that you will have it if you want to make a (meaningless) complaint. You can ask for a pencil to write it down. The officer is required by law to give you his badge number if you ask him. You still do not have to identify yourself or show ID, but you may not walk away until you have the officer's permission.
Summary : If you are being detained but you are (a) not under arrest, (b) you aren’t driving, and (c) you haven’t broken any laws, you don’t have to give the police officer your name. If you don’t want to talk, say: “I want to remain silent.” Remember, the police officers might be using polite conversation to find a reason to keep holding (detaining) you, or even arrest you- so keep quiet, don't chat. It's just like your rights on a TV show.
If I am being detained, what do I do?
Answer: Stand there with your mouth shut. (Review: if you ask if you are free to go and the police officer says "no", you are being detained. You still don't have to identify yourself unless you have broken a law and are being ticketed. You have the right to be told why you're being detained. Unless the answer is obvious (you saw a robbery or something similar happening), the police officer must tell you what reason he has for holding you against your will- which is exactly what is happening. Remember the reason the police officer gives for detaining you, if he gives you one. Get the badge number or name of the police officer so that you will have it if you want to make a (meaningless) complaint. You can ask for a pencil to write it down. The officer is required by law to give you his badge number if you ask him. You still do not have to identify yourself or show ID, but you may not walk away until you have the officer's permission.
Summary : If you are being detained but you are (a) not under arrest, (b) you aren’t driving, and (c) you haven’t broken any laws, you don’t have to give the police officer your name. If you don’t want to talk, say: “I want to remain silent.” Remember, the police officers might be using polite conversation to find a reason to keep holding (detaining) you, or even arrest you- so keep quiet, don't chat. It's just like your rights on a TV show.
Fact of Life: In Canada, when politeness fails many officers try verbal (or worse) intimidation. The RCMP in particular is well known for getting away with many many pretty bad things like breaking people's jaws who are already in handcuffs- and not being prosecuted for it.
Philosophical point: It isn't really surprising to find bullies among the police (or any other large organization), but the fact they aren't fired or prosecuted is far worse and is the key sinister point. It means you are unsafe in their hands, no matter what the law says. This routine failure of Crown Prosecutors to take policemen to trial for serious crimes makes Canada a "Police State". There are no "ifs ands or buts" about that.
Whenever possible, encourage by-standers to stay and witness events because if you are mistreated- even though the Crown Prosecutor* is extremely unlikely to do anything about it - newspapers and TV will be interested.
( *Crown Prosecutors are lawyers appointed by the government to decide what cases go to trial, so when Crown Prosecutors routinely fail to protect us when we are abused by police it means the government is directly in on it with them and being accomplices- hence, the fact we have a Police State.)
Therefore, to repeat the very first advice on this page: if you see the police in time to avoid them entirely, that is the safest thing for you to do.
Question 4.
Can the police search me?
Answer: Usually not. First, tell the officer you do not give permission to be searched, but do not resist if he insists. When you are detained, the police have the right to do a pat-down search (for their own safety) for weapons. They might inspect the contents of your bags. However, if the police don’t have a good reason in the first place to detain you, then this search is illegal. Remember the details so you can tell a lawyer or make a meaningless complaint.
Summary : If you are not being detained, or if you are being detained for an inadequate reason, any search is illegal. You may wish to point out that you are aware of that before the officer begins. Also, make sure you actually tell the officer that although you will not resist, you don't consent to the search. Try to have witnesses.
Interesting point about cameras as witnesses: The police have the legal right to take anybody's camera at any time if they think that camera has evidence of a crime recorded on it. What if the only crime recorded was committed by the police? In that case, the police are the criminals and the person who has the camera should make every effort not to hand it over. Asking loudly to have witnesses observe that the police are trying to take the evidence of their own crime might help, but think fast. Maybe you could run into the nearest lawyer's office with it. Make a lot of noise. Don't be bashful.
Question 4.
Can the police search me?
Answer: Usually not. First, tell the officer you do not give permission to be searched, but do not resist if he insists. When you are detained, the police have the right to do a pat-down search (for their own safety) for weapons. They might inspect the contents of your bags. However, if the police don’t have a good reason in the first place to detain you, then this search is illegal. Remember the details so you can tell a lawyer or make a meaningless complaint.
Summary : If you are not being detained, or if you are being detained for an inadequate reason, any search is illegal. You may wish to point out that you are aware of that before the officer begins. Also, make sure you actually tell the officer that although you will not resist, you don't consent to the search. Try to have witnesses.
Interesting point about cameras as witnesses: The police have the legal right to take anybody's camera at any time if they think that camera has evidence of a crime recorded on it. What if the only crime recorded was committed by the police? In that case, the police are the criminals and the person who has the camera should make every effort not to hand it over. Asking loudly to have witnesses observe that the police are trying to take the evidence of their own crime might help, but think fast. Maybe you could run into the nearest lawyer's office with it. Make a lot of noise. Don't be bashful.
Question 5.
Do I have to identify myself if I am arrested?
Answer : Yes.
OVERALL SUMMARY of what you should do if being stopped for conversation, detained, searched or arrested:
Ask if you can go about your business, and then do so if you have permission. If you have not been arrested, but you are being held against your will (being detained), remember to:
• Ask why you are being held.
• Get the badge number or name of the police officer.
• Stay silent and tell the police you are staying silent (if you feel safe doing so). Sometimes an explanation can end a police discussion more quickly.
Part II: Busted !
The law says the police must have a reason for arresting you. There are very few situations where the police are allowed to arrest you. You can only be arrested by the police if:
1. a police officer sees you committing a criminal offence;
2. a police officer has reasonable grounds to believe you have committed or are about to commit an indictable or hybrid criminal offence *
3. you have broken any law (including provincial laws and city bylaws) and you won’t tell police who you are
and where you live; (Remember, you have to tell them who you are if they're trying to give you a ticket for anything: jay-walking even.)
4. there is a warrant for your arrest
5. a police officer has reasonable grounds to think you have a mental disorder and are dangerous
6. you have breached the peace or are about to breach the peace
7. you are drunk or high in public or
8. a police officer has reasonable grounds to think you are a terrorist about to commit a terrorist act.
* 1. Summary Offence – The least serious offences. They generally have lower penalties.
2. Hybrid Offence– Where the Crown Counsel can choose whether the offence is a summary or indictable
offence depending on the situation.
3. Indictable Offence – The most serious offences. They have much higher penalties.
General information: For summary and hybrid offences the arresting officer must release you right away with an appearance notice (a sheet of paper that tells you where and when to show up for court) if no evidence will be in danger of being lost, he or she believes that you will show up for court, not break any laws, and the officer knows who you are either personally or because of suitable I.D. However, it could get more complicated.
Summary: If they arrest you, the police can do a full search of you and your personal property whether they take you to jail or not. If you are taken to jail, you have a right to appear before a Judge or Justice of the Peace as soon as reasonably possible within 24 hours of your arrest.
If you are under arrest, co-operate physically with the police. Any pulling, kicking, punching, running or other physical resistance to avoid arrest could result in more charges. Going limp does not count as resistance ( but may not help your situation very much).
Theoretically, the police are only allowed to use as much force as is necessary to arrest you or ensure that the situation is safe. Any additional force is considered “excessive” force. If you feel that the police used more force than was necessary, you can make a complaint. However, realistically just about everybody in Canada knows that the complaint process is just a cruel joke. Police often abuse people they arrest and they usually don't even get fired, let alone charged. In our system, you can not count on being safe even if you have witnesses or video evidence- and if you are abused, you have very little chance of being able to do anything about it. Our crown prosecutors are in charge of what cases go to court and they routinely decline to press cases against police even in the most extreme cases- and there are many examples. However, if you survive being in police custody and come out only with bruises, you can by-pass this unfair system that ensures police immunity on the job, by filing a lawsuit and going after their money. If you have marks, cuts, bruises or other physical evidence, go to a doctor and have someone take photographs of your injuries. The doctor’s notes and the photographs can both be used as evidence in a trial.
Part III
Arrest Warrants and Search Warrants
If the police officer has the warrant with him and the situation is under control, he must show it to you. Otherwise, he must show it to you as soon as possible. Check it over and make sure it is actually for you. To be valid it must have all of the following:
1. Your name or a description of what you look like
2.The reason you are being arrested
3.Order that you should be arrested
4.Be signed by a Judge or Justice of the Peace
You have all the same rights to remain silent and talk to a lawyer, as well as the responsibility to cooperate physically.
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