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peep
 
location:
North York
 |  | Police power in Ontario
< on 10/12/2006 10:25 PM >
|  | | | AjumTheGreat advised me to re-post this here. It was originally located in Canada: Ontario... I suppose that one can be deleted if this is the right place.. Note that this is only applicable in Ontario.
"I'm useful!!
http://www.cleo.on...minal/polpower.pdf
I'm useful cause you might want to know these things, say if you have a backpack full of UE (officially known as B&E) gear and you'd rather not share it with the police. Another Canadian UE site used to have something like this, but now it's gone.
Apparently my tire iron is B&E gear (even when it's in my car... the one with the tires), though, and none of these "legal" matters really interest the cops anyway, so it won't do you as much good as I'd like.
The CLEO site is also useful (http://www.cleo.on.ca) and a need-to-know sort of thing for anyone who wants to be a good citizen."
sex is not love, law is not justice, and star wars is not science fiction.
"The stairs look intact from here..." |
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firequall
  
location:
Ottawa / Thunder Bay, Ontario
Gender: Male
| |  | Re: Police power in Ontario
<Reply # 1 on 10/13/2006 1:04 PM >
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Link doesn't work. =/
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peep
location:
North York
| | Re: Police power in Ontario
<Reply # 2 on 10/13/2006 11:44 PM >
| | | | Oh no! Why doesn't it work??? Let me try again.
Also, I was wrong, and this applies to all of Canada, except the bits about identifying yourself (they're not covered as thoroughly in national law, but I imagine it's a similar situation in other provinces).
To get to the pamphlet: Go to www.cleo.on.ca Click on English or French, as you prefer. Click on publications. Click on publications online. Click on criminal. Click on Police Powers: Stops and Searches.
You will be here: http://www.cleo.on...minal/polpower.pdf
Most of these rules come from our Charter rights, which are actually very clear and simply-worded. I'll add some of my own research/knowledge here...
Charter rights can be violated only as is "demonstrably justified in a free and democratic society" (s.1). The Supreme Court has held on a number of occasions that your charter rights are seriously and unjustifiably violated the second a cop 1)keeps you stopped longer than it takes to check your licence, registration, insurance and sobriety (arbitrary detention, violation of s.9) 2) opens the door of your car to look inside (unreasonable search, violation of s.8) or 3) asks you questions other than for your licence, registration, insurance and sobriety at a traffic stop without telling you that you've been detained, giving you an articulable cause as to why and informing you of your rights (violation of right to silence, a fundamental principle of justice under s.7 as well as sections 8&9 and 10, which includes your right to counsel upon being detained). The supreme court has also held that "pat downs" are for the officers' safety only and they cannot reach inside your pockets etc. unless they find a weapon, but they have included evidence that was found this way, so I guess they don't take it as seriously.
Tell that to the cops and they'll probably kick your ass. Ten points if you do it anyway because it's your freakin right to do so and their shenanigans are unacceptable.
sex is not love, law is not justice, and star wars is not science fiction.
"The stairs look intact from here..." |
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