by POG Admin 3 | Jan 17, 2021 | Blog, General News
A mere 10 years ago, the actions of the police at the G20 Summit in Toronto resulted in Superintendent Fenton being found guilty of misconduct. Many other officers were also convicted of offences under the Police Services Act.
How quickly we seem to have forgotten that unlawful actions by police officers can result in findings of guilt.
Yesterday’s arrests across downtown Toronto were not based on any lawful authority. For several weeks now we have been pointing out the fact the legislation upon which the Public Health orders are based does not supersede any Charter Right (EMCPA 7.0.2). Citizens still have the right to protest without intervention from the state.
While the new Stay-At-Home order, filed under the EMCPA, speaks to enforcement at large gatherings, it does not include protests. Peaceful protests are a guaranteed right in Canada. If the Province wants to infringe on that right they must invoke Section 33 of the Charter and acknowledge the restrictions they are placing on our fundamental freedoms. Instead, our government would rather keep law enforcement liable to the inevitable future court rulings.
Why omit the word “Protest” from the legislation? Because our government would rather direct police services to interpret the term “Large Gatherings” to include anything, including our protected right to protest.
Look at the wording in the most recent Toronto Police Press Releases. Why won’t they refer to these “large gatherings” as protests? Because they know Canadians have a Charter Right to protest.
Protesters were arrested for Common Nuisance. Refer to Canadian Criminal Code Section 180(1). Pay special attention to the definition of Common Nuisance Section 180(2)(b).
If we contrast the actions of police command and police officers from across Canada with the actions at G20, it is clear they are putting themselves in positions that could result in civil liability, Police Services Act charges, and criminal charges.
#RememberYourOath
https://www.thestar.com/…/we-regret-that-mistakes-were…
https://globalnews.ca/…/ruling-expected-for-toronto…/
by POG Admin 3 | Jan 17, 2021 | Blog, Members
Thank you Vicki Montgomery for joining in support of Police on Guard for Thee.
Vicki Montgomery
TPS Badge #7114
Retired Constable
30 Years of Service
Toronto Police Service
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If you are an active or retired peace officer or in a related field and would like to pledge your support, please be sure to message us with your information like above and a photo. We will do our best to get in contact with you as soon as possible.
by POG Admin 3 | Jan 16, 2021 | Blog, Media Releases
Disturbing videos have emerged of protesters being arrested and dispersed across downtown Toronto.
To be clear, protesting is a fundamental freedom guaranteed under our Charter of Rights and Freedoms.
The Reopening Ontario Act does not suspend the right to protest (see section 7.0.2 of the Emergency Management and Civil Protection Act).
#RememberYourOath
Very clearly the Toronto Police Service obstructed the public from exercising the fundamental right to protest. The Reopening Ontario Act must be in accordance with our Charter Rights. Back on June 6th, 2020, Toronto Police Operations sent out a tweet indicating that very point. “Everyone has the lawful right to peacefully protest.” No legislation has changed to supersede this right since that tweet.
https://thepostmillennial.com/breaking-police-arrest-anti…
twitter.com/TPSOperations/status/1269281470536912902
twitter.com/TPSOperations/status/1350507767602290690
twitter.com/TPSOperations/status/1350445639042215939
Emergency Management and Civil Protection Act
https://www.ontario.ca/laws/statute/90e09
by POG Admin 3 | Jan 16, 2021 | Blog
Some important details were no doubt unintentionally omitted.
See the following statement from St. Thomas Police Service and compare to the Ontario Regulation.
#RememberYourOath
http://www.stps.on.ca/stay-at-home-order-faqs/
https://www.ontario.ca/laws/regulation/200082
by POG Admin 3 | Jan 16, 2021 | Blog, General News, Members
Thank you Richard Courtemanche for joining in support of Police on Guard for Thee.
Police officers used to serve Canadians dutifully according to our Constitution and Charter of Rights and Freedoms. I’ve never expected that there would come a time when altruistic leaders would wittingly or unwittingly compel officers to deviate from these Acts in order to carry out illegal and unconscionable orders.
Police forces must make it a priority to revamp their functions according to democratic principles, real law and order, and ensure new generations of officers perform accordingly. Our families, our children, our future generations will have to live with what we help creating and we won’t be able to say that we didn’t know.
Therefore, I am also standing firmly with my brothers and sisters and implore them to challenge any deviations to democracy, law and order, and to consider the part that the functions we represent are playing in relieving Canadians of their right to speech, religion, conscience, association, assembly, mobility and security of the person in accordance with the fundamental principles of justice. Remembering our oath, we work primarily for Canadian citizens. It is a very slippery slope that we are on. We love our country the way it was, not the way it’s leading.
Richard Courtemanche
Military Police
Retired Sergeant
22 Years of Service
Canadian Armed Forces
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If you are an active or retired peace officer or in a related field and would like to pledge your support, please be sure to message us with your information like above and a photo. We will do our best to get in contact with you as soon as possible.
by POG Admin 3 | Jan 15, 2021 | Blog, Media Releases
As we demand answers from the courts, many of you are demanding answers of us, especially as the regulations change and another State of Emergency is declared in Ontario.
Here are important things to know:
– No law, legislation, or by-law can remove your Constitutional and Charter Rights unless the province or federal government enacts section 33 of the Charter or relies on section 1 of the Charter.
– As with all COVID-19 related legislation, your rights may be temporary suspended under the “Reasonable Limits Clause” (section 1) which would have to pass the “Oakes Test.”
– Under the present COVID-19 regulations, there is no authority for officers to arrest, commence warrantless entry, nor stop your motor vehicle for possible offences under the regulation.
– If police believe you committed an offence, you must identify yourself as with any police encounter, providing the officer clearly explains the offence you are committing. If possible record the encounter.
To all active duty officers and the public, read our extended piece, understand your authorities, and your rights. If you #RememberYourOath, join our cause.
https://policeonguard.ca/…/POG-Understanding-Ontarios…
