Legal info for Activists
From FreeWiki
This document has been compiled using Canadian Sources.
The Police have just as much right to ask you to stop and talk to you on the street as anyone else does, but that does not necessarily mean you have to oblige!
Identifying Yourself
If you have not broken any laws and there is no reason to believe that you are about to, you are under no obligation speak with police or to identify yourself (unless you are operating a vehicle such as a car or bike, or at an establishment where alcohol is being served or where there is an age restriction). You are not required by law to carry ID, or show it if you are carrying it (Again, unless you are driving a motor vehicle or are attending an establishment where alcohol is being served. There is no licensing for a bike, so showing ID cannot be mandatory). It is better to refuse to identify your self then to lie about your identity, as lying could result in charges of Obstructing Justice or Obstructing a Police Officer.
If you have broken a law (anything from municipal by-laws, to provincial offences such as under the Highway Traffic Act, to criminal offences), or find yourself detained or under arrest, your are required to identify yourself if asked with at least your name, address and date of birth.
Questioning
If the police attempt to question you, you are under no obligation to answer their questions. You have the right to remain silent! You cannot be charged with any crime for refusing to answer questions from police or for refusing to talk to them, even if you are under arrest or are being detained. However, if you are caught in a lie, you can be charged with Obstructing a Police Officer or Obstructing Justice. It is usually best to be polite but firm. “I have nothing to say about that.” is often a useful phrase if you think the police are looking for information that you do not want to share.
You should be aware that anything you do say to an officer can be used against you or your friends and comrades. Never speak to police about other people involved in an action. Even comments that seem to be of little importance to you can help the police draw connections between people, groups, help them understand our methods or how we communicate.
Be aware that Police can use many methods to extract information from you, everything from engaging in a "friendly conversation" with you, trying to get you to debate with them on your cause or methods, using undercover officers, to using legal or physical intimidation, to threatening to humiliate you or cause alienation from your group or friends, to physical abuse.
Its always a good idea to practice good Security Culture.
