Partyvan
From Vanonymous
The Partyvan is on our side for this one folks. By following these simple guidelines you can keep yourself and other Anon from being v&.
Contents |
Toronto City By-Laws Affecting Protesting
The following information was confirmed by contacting Toronto Police 22 and 52 Divisions:
The Mask Question
You can legaly wear a mask to a public gathering. However Police officers have the right to ask you to remove your mask for the purposes of identification. Comply with this request or you can be detained.
The Honking Sign Question
You can legally use a "Honk for Whatever Sign" at a protest. You cannot be fined or arrested for using such a sign. However, Police officers can at their discretion ask you to put away such a sign if they feel the situation requires them to do so. Comply with this request or you could be viewed as disturbing the peace. Do not bring "Honk if you hate Scientology/Scientologists" signs. This protest isn' about hate; signs such as these will undermine our message.
Filming and Tripods
For Anyone planning to Film, DO NOT bring a tripod. As handy as they are (and as funny as the War of the Worlds joke it brings about is) it counts as an erected structure and we don't have a permit to erect structures on public property (i.e. the side walk.)
Handing out Flyers to Pedestrians
From the City of Toronto Municipal Code:
- Article XXIX - Distribution of Bills
- 545-313 Depositing handbills on vehicles and handing handbills to pedestrians prohibited.
- No bill distributor in the persuance of a trade, business, or occupation shall distribute any handbill, circular or other paper (other than a newspaper or magazine) within the City of Toronto by depositing the same in or upon motor vehicles parked or standing in any public place or by handing the same to pedestrians or others on streets, highways, roads or on any sidewalks, boulevards or footpaths adjacent thereto in the city of Toronto.
We do not believe that this section applies to us as a political/community group. You can download a printable copy of this section here.
Canadian Partyvan
Keep it peaceful! You are within Canadian Charter of Rights and Freedoms rights to freedom of speech and freedom of assembly to peacefully protest and voice your opinion about any issue. The police and the law are on our side. If they follow you, they are breaking the law. Finally the nanny state is paying off.
Don't hate
Remember what it is we are trying to accomplish. We are not protesting against the followers of scientology; we are protesting against the activities of an organization that exploits the weak. If we give out the facts about the crimes Scientology has comitted, public opinion will certainly be sympathetic to us. Don't bring "Honk if you hate Scientology" signs - this is not about hate or aggression.
Name/ID
You are required by law to tell an officer your name, if you give a false name and don't have any ID on you, then they can and will take you to the station until you can be identified.
Flyers/Masks
I called 51 Division with some questions and was helped by a very friendly officer who told me that:
1) Handing out flyers is illegal due to some bylaw, but, according to this officer, "No one enforces that law". He told me that the only reason why an officer will ask you to stop handing flyers out is if you're harassing people with them. The example he gave was blocking their path and forcing them to take the flyer. He said "Standing on the sidewalk and holding your hand out for people to take your flyer if they want has never been an issue".
2) Wearing masks is totally O.K too. He said, "I've been to 100s of protests and if it's cold and you're wearing a ski mask that's alright, or if you're wearing a halloween mask or something like that, that's fine too". He said that the only way wearing a mask can get you in trouble is if you commit an offence while wearing it (i.e, vandalism, assault, etc.) He wished us all good luck, and told us to have fun and stay safe.
It's legal
The police have been informed and are supportive of us exercising our rights. The Canadian Charter of Rights and Freedoms guarantees our rights to do what we are planning to do on April 12th. The law is on our side. The police are on our side. The facts are on our side.
For the love of all things sacred, remember this: The protests you are attending are legal. We need not fear the law. If you're some kind of crazy cowboy looking to fight the establishment by breaking the law you will be handed over to the police. Don't mess it up for the rest of us. If one member of a peaceful assembly begins to break the law then it will become an unlawful assembly and everyone there is accountable. If you see someone acting erratically and you think they may break the law, distance yourself from them and notify the police.
Canadian Charter of Rights and Freedoms
2. Everyone has the following fundamental freedoms:
a) freedom of conscience and religion; (Scientology does not have status in Canada)
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.
Freedom of Information and Protection of Privacy Act, Ontario
Collection and Retention of Personal Information
Application of Part
37. This Part does not apply to personal information that is maintained for the purpose of creating a record that is available to the general public. R.S.O. 1990, c. F.31, s. 37.
Personal information
38. (1) In this section and in section 39,
“personal information” includes information that is not recorded and that is otherwise defined as “personal information” under this Act. R.S.O. 1990, c. F.31, s. 38 (1).
Collection of personal information
(2) No person shall collect personal information on behalf of an institution unless the collection is expressly authorized by statute, used for the purposes of law enforcement or necessary to the proper administration of a lawfully authorized activity. R.S.O. 1990, c. F.31, s. 38 (2).
Manner of collection
39. (1) Personal information shall only be collected by an institution directly from the individual to whom the information relates unless,
(a) the individual authorizes another manner of collection;
(b) the personal information may be disclosed to the institution concerned under section 42 or under section 32 of the Municipal Freedom of Information and Protection of Privacy Act;
(c) the Commissioner has authorized the manner of collection under clause 59 (c);
(d) the information is in a report from a reporting agency in accordance with the Consumer Reporting Act;
(e) the information is collected for the purpose of determining suitability for an honour or award to recognize outstanding achievement or distinguished service;
(f) the information is collected for the purpose of the conduct of a proceeding or a possible proceeding before a court or tribunal;
(g) the information is collected for the purpose of law enforcement; or
(h) another manner of collection is authorized by or under a statute. R.S.O. 1990, c. F.31, s. 39 (1).
Notice to individual
(2) Where personal information is collected on behalf of an institution, the head shall, unless notice is waived by the responsible minister, inform the individual to whom the information relates of,
(a) the legal authority for the collection;
(b) the principal purpose or purposes for which the personal information is intended to be used; and
(c) the title, business address and business telephone number of a public official who can answer the individual’s questions about the collection. R.S.O. 1990, c. F.31, s. 39 (2).
Exception
(3) Subsection (2) does not apply where the head may refuse to disclose the personal information under subsection 14 (1) or (2) (law enforcement), section 14.1 (Civil Remedies Act, 2001) or section 14.2 (Prohibiting Profiting from Recounting Crimes Act, 2002). 2002, c. 2, s. 19 (6); 2007, c. 13, s. 43 (3).
Retention of personal information
40. (1) Personal information that has been used by an institution shall be retained after use by the institution for the period prescribed by regulation in order to ensure that the individual to whom it relates has a reasonable opportunity to obtain access to the personal information. R.S.O. 1990, c. F.31, s. 40 (1).
Standard of accuracy
(2) The head of an institution shall take reasonable steps to ensure that personal information on the records of the institution is not used unless it is accurate and up to date. R.S.O. 1990, c. F.31, s. 40 (2).
Exception
(3) Subsection (2) does not apply to personal information collected for law enforcement purposes. R.S.O. 1990, c. F.31, s. 40 (3).
Disposal of personal information
(4) A head shall dispose of personal information under the control of the institution in accordance with the regulations. R.S.O. 1990, c. F.31, s. 40 (4).
Canadian Criminal Code
Important Notice from Criminal Code about Unlawful Assembly
63. (1) An unlawful assembly is an assembly of three or more persons who, with intent to carry out any common purpose, assemble in such a manner or so conduct themselves when they are assembled as to cause persons in the neighbourhood of the assembly to fear, on reasonable grounds, that they
(a) will disturb the peace tumultuously; or
(b) will by that assembly needlessly and without reasonable cause provoke other persons to disturb the peace tumultuously.
Lawful assembly becoming unlawful (2) Persons who are lawfully assembled may become an unlawful assembly if they conduct themselves with a common purpose in a manner that would have made the assembly unlawful if they had assembled in that manner for that purpose.
66. Every one who is a member of an unlawful assembly is guilty of an offence punishable on summary conviction. Hate crimes
Public incitement of hatred
This is straight out of the Criminal Code of Canada:
319. (1) Every one who, by communicating statements in any public place, incites hatred against any identifiable group where such incitement is likely to lead to a breach of the peace is guilty of
(a) an indictable offence and is liable to imprisonment for a term not exceeding two years; or
(b) an offence punishable on summary conviction.
Wilful promotion of hatred (2) Every one who, by communicating statements, other than in private conversation, wilfully promotes hatred against any identifiable group is guilty of
(a) an indictable offence and is liable to imprisonment for a term not exceeding two years; or
(b) an offence punishable on summary conviction.
Defences (3) No person shall be convicted of an offence under subsection (2)
(a) if he establishes that the statements communicated were true;
(b) if, in good faith, the person expressed or attempted to establish by an argument an opinion on a religious subject or an opinion based on a belief in a religious text;
(c) if the statements were relevant to any subject of public interest, the discussion of which was for the public benefit, and if on reasonable grounds he believed them to be true; or
(d) if, in good faith, he intended to point out, for the purpose of removal, matters producing or tending to produce feelings of hatred toward an identifiable group in Canada.
TL;DR: Handing out information about factual, documented cases of crimes comitted by the Church of Scientology is O.K. Handing out information directing the general public to become informed about the Church of Scientology is O.K. Handing out flyers that provoke hatred and call for violent action against the Church of Scientology and/or it's members is not O.K. [edit] Being Followed or threatened
Intimidation
423. (1) Every one is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who, wrongfully and without lawful authority, for the purpose of compelling another person to abstain from doing anything that he or she has a lawful right to do, or to do anything that he or she has a lawful right to abstain from doing,
(a) uses violence or threats of violence to that person or his or her spouse or common-law partner or children, or injures his or her property;
(b) intimidates or attempts to intimidate that person or a relative of that person by threats that, in Canada or elsewhere, violence or other injury will be done to or punishment inflicted on him or her or a relative of his or hers, or that the property of any of them will be damaged;
(c) persistently follows that person;
(d) hides any tools, clothes or other property owned or used by that person, or deprives him or her of them or hinders him or her in the use of them;
(e) with one or more other persons, follows that person, in a disorderly manner, on a highway;
(f) besets or watches the place where that person resides, works, carries on business or happens to be; or
(g) blocks or obstructs a highway.
If you are followed by a Scino(s) to your home after the protest, you are within your rights to call the police and inform them of that fact.
VERY IMPORTANT - Ontario Legal Rights Information Cards in case you are arrested these cards will advise you on your legal rights.
Photography
Here is a good article concerning photography laws in Canada: http://www.ambientlight.ca/laws.php
