Call-to-Action Letter to Ontario Police

Dear fellow Citizens of Ontario,
 

Following our mandate to educate Canadians to know that they have rights and how use the law to defend their rights and civil liberties, we present this article for informational purposes only. 

The new legislation passed by the Ontario provincial government on April 16th and 17th, 2021 to enforce the Stay-at-Home order, has crossed a line which people may not fully understand. 

This new legislation gave “enhanced authority” to the Police to (1) violate their sworn Oath and (2) their Declaration of Principles under their Police Services Act. Police are supposed to uphold your Charter rights, and the new legislation (explained below), shows that Police can violate certain Charter rights now.

It’s important for people to understand the two obligations which Police must follow, in order to keep us protected. It is their job to keep citizens safe and to ensure that everyone follows the laws, laws which are meant to keep everyone safe. But what if the laws they are sworn to uphold are unlawful?  

1.  Police Oath: “I solemnly swear (affirm) that I will be loyal to Her Majesty the Queen and to Canada, and that I will uphold the Constitution of Canada and that I will, to the best of my ability, discharge my duties as a member of the (insert name of municipality) Police Services Board faithfully, impartially and according to the Police Services Act, any other Act, and any regulation, rule or by-law”.

• The Canadian Charter of Rights and Freedoms falls under the Constitution of Canada
• These are your Charter rights and Police are sworn to uphold them

2.  Declaration of Principles, Police Services Act: Section 1 - Police services shall be provided throughout Ontario in accordance with the following principles:

• section 1. The need to ensure the safety and security of all persons and property in Ontario.  The importance of safeguarding the fundamental rights guaranteed by the Canadian Charter of Rights and Freedoms and the Human Rights Code.

We’re going to lay out the exact details for you, so you can understand the problems with the new “enhanced authority” to Police. After you read this information, you can decide for yourself if there is a problem. 

Legislation is deliberately confusing to keep people ignorant! Just follow along with our bold text to help with your understanding. 

In an April 16, 2021 News Release by the Ontario government, it states:

• "To increase public compliance with the Stay-at-Home order and stop the spread of COVID-19, amendments to an emergency order (O.Reg 8/21 Enforcement of COVID-19 Measures) have been made that will provide police officers and other provincial offences officers enhanced authority to support the enforcement of Ontario’s Stay-at-Home order."

• "Effective Saturday, April 17, 2021 at 12:01 a.m., police officers and other provincial offences officers will have the authority to require any individual to provide their home address and purpose for not being at their residence. In addition, police officers, special constables and First Nation Constables will have the authority to stop vehicles to inquire about an individual’s reasons for leaving their home. This additional enforcement tool will only be in effect during the Stay-at-Home order and exclusively to enforce the Stay-at-Home order."

There was intense backlash by the public and the Premier apologized to Ontario citizens on April 22, 2021 saying: 

• “But we moved too fast” Ford said, with some measures going too far. “Simply put, we got it wrong. We made a mistake. These decisions, they left a lot of people really concerned” Ford said. “For that I am sorry, and I sincerely apologize.”

This is a smoke and mirrors apology because the new regulation remains unchanged. 

Here are the major problems with the new regulation, which grants Police authority to breach their Oath and Principles. 

• O.Reg. 298/21: ENFORCEMENT OF COVID-19 MEASURES which amends O.Reg 8/21 noted above in the April 16, 2021 press release. 

We have bolded  the problems with this amendment.

Under O.Reg. 298/21 - Requirement to provide information

• section 2.1 (1) Where a police officer or other provincial offences officer has reason to suspect that an individual may be participating in a gathering that is prohibited by clause 1 (1) (c) of Schedule 4 of the Ontario Regulation 82/20 (Rules for Areas in Stage 1) [see box below] made under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020, and believes that it would be in the public interest to determine whether the individual is in compliance with that clause, the officer may require the individual to provide information for the purpose of determining whether they are in compliance with that clause

• section 2.1 (2) Every individual who is required under subsection (1) to provide a police officer or other provincial offences officer with information described in that subsection shall promptly comply

• section 2.1 (3) The power described in subsection (1) may only be exercised in a health unit to which Ontario Regulation 265/21 (Stay-at-Home Order) made under the Act applies 

Section 2.1 (1) is too broad and does not meet any definition of a reasonable or minimal limit. What does this mean? Police no longer have to investigate offences, they will just insist people confess to them, under this Regulation.

• “reason to suspect” is the lowest standard that Police can now use to stop you (to detain you); it is way below the normal standard of “reasonable and probable grounds” used to detain people. Coupled with “and believes” – what kind of test is this? There is no circumstance that could counter this test. Police now have ANY “reason” to suspect that you are breaking the law under Schedule 4. This is outrageous!

• “the officer may require the individual to provide information for the purpose of determining whether they are in compliance with that clause” is basically a mandatory confession provision; there is no limit or guidance on what information the Police need for purposes of determining whether a citizen is in compliance with that clause

Section 2.1 (1) now provides Police with carte blanche authority to detain anyone, anywhere as they please.

This is of course a:

• Breach of section 9 of the Charter, which is the right not to be arbitrarily detained as this section now clearly eliminates any previous normal standard by which the Police could have stopped you

Section 2.1 (2) completely eliminates the right to remain silent. Citizens will have no choice but to “promptly comply”, which means, that they will have to respond to every question the Police ask.

• The right to remain silent is a constitutional right under section 7 of the Charter. If a person’s right to silence is violated by a Police Officer, the trial judge would be able to exclude the evidence obtained under such circumstances. In addition to the right to remain silent, a person cannot be required to give evidence against him or herself (self-incrimination)

The right to silence cannot be waived unless such a waiver is informed with full knowledge of the consequences of one’s actions:

• Which would be a breach of section 13 of the Charter, which is protection against self-incrimination. This puts people in a very difficult position in that they may be compelled to incriminate themselves by responding to a Police Officer under these conditions. Normally, citizens are granted privacy rights in that they don’t have to tell anyone where they are going, and for what purpose – where have those rights gone to now?
• Additionally, it is a blatant infringement on section 11(d) of the Charter, which this section now completely eliminates the citizens right to be presumed innocent until proven guilty

While this Regulation may be legal, it is indeed unlawful because it breaches Charter rights. There is a big difference between legal and unlawful, as we are now finding out.

These new laws are essentially pitting Police against citizens and will erode the already fragile relationship of trust between citizen and Police.  

Individuals who chose to fight any tickets in court, will not only plead NOT guilty on constitutional grounds, but could also sue the Police for violation of their Oath and Principles. Additionally, individuals could file a complaint against the Police in this same regard. Both parties will most definitely incur heavy court costs, including major costs to the Police’s legal defence fund.

What is most troubling, is that the Ontario provincial government is now instructing Police to violate their sworn Oath, which is to uphold the Constitution of Canada, under which the Charter falls, including their Declaration of Principles under their Police Services Act (which are to uphold and safeguard the fundamental rights guaranteed by the Canadian Charter of Rights and Freedoms)  – under this new legislation.
 

In effect, the Ontario government is authorizing a Police state in Ontario. And if Police enforce these Orders, not only will they be acting unconstitutionally, but also the behavior of the government and Police would be truly reprehensible. At a time when the public trust in Police is nearly eroded beyond repair, this is of paramount importance that Police not uphold these unconstitutional measures. Many have already stated that they will not enforce these measures, but this is not enough. The simple fact that the legislation now exists to grant Police enhanced authority to breach their Oath, is the point of this urgent appeal to Police to do something about it.

We felt we could not sit idly by and do nothing with the information we discovered. This situation is a ticking time-bomb for citizens and Police. We love our fellow Ontario citizens and the Police and so, we are compelled to call for action by the Police to stop this.  

As such, it is our opinion that the Premier of Ontario, in connection with the duties of his office and with this authority to amend legislation in Ontario, including the Reopening Ontario Act, has committed a criminal offence under section 122 of the Criminal Code of Canada by four counts of Breach of Trust by Public Officer.