Copy of the Canadian Charter of Rights and Freedoms
(courtesy Dept of Secretary of State, Canada)
The G20 Summit recently held in Toronto brought to light several issues surround protesters. During this the time period of June 25 to June 27 we saw peaceful demonstration, rioting, unpeaceful demonstration and police abuse of their authority to the point of denying as well as infringing on civil liberties. The Canadian Charter of Rights and Freedoms under the Constitution Act of 1982 states that every Canadian has the right under Fundamental Freedoms:
2. Everyone has the following fundamental freedoms:Furthermore under Legal Rights, the Canadian Charter of Rights and Freedoms states:
- (a) freedom of conscience and religion;
- (b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;
- (c) freedom of peaceful assembly; and
- (d) freedom of association.
8. Everyone has the right to be secure against unreasonable search or seizure.Protesters how were peacefully assembled and associating with other protesters who were also peacefully assembled were denied their civil liberties to peaceful demonstration. Many were unreasonably searched and detained under what has been now admitted by Toronto Police Chief Bill Blair as a miscommunication regarding the 5 metre perimeter surrounding the G20 security zone. On Sunday night the police arbitrarily detained protesters and anyone else who happened to be near the area of Queen and Spadina in what to the point of detainment had been a peaceful demonstration. In short they viewed anyone who was not part of the protest as guilty by association simply by being in the wrong spot at the wrong time. In addition to the arbitrary detainment those detained were denied their rights upon arrest or detention (10) and if fact all of the points under this section were denied to those being detained. Furthermore, the detainment that Sunday night at Queen and Spadina in Toronto was quite contrary to the right not to be subjected to any cruel and unusual treatment or punishment. That night servere thunderstorm warnings were in effect for Toronto. Many detained stood in the pouring rain for close to 4 hours without food, drink or washroom facilities. They were not told why they were being detained. Many lined up asking to be arrested just to get out of these horrible conditions bringing into question cohersion and duress caused by the police. No one asks to be arrested!
9. Everyone has the right not to be arbitrarily detained or imprisoned.
10. Everyone has the right on arrest or detention
12. Everyone has the right not to be subjected to any cruel and unusual treatment or punishment.
- (a) to be informed promptly of the reasons therefor;
- (b) to retain and instruct counsel without delay and to be informed of that right; and
- (c) to have the validity of the detention determined by way of habeas corpus and to be released if the detention is not lawful.