Toronto Police Service News Release: Stay at Home Order
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.
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