PowerShift To Freedom Rules of Conduct on Parliament Hill
And
Knowing our legal Political and Civil Rights to
Peaceful Freedom of Assembly protected by International Law during Pandemics or War to be upheld by all Canadian levels of Governance, Federal, Provincial and International Policing and Security Agencies.
PACTA SUNT SERVANDA— I. CONCLUSION
Pacta sunt servanda is not only a central principle of public international law, it is a universal principle of law to be found in all major legal systems.
It is a principle of Canadian civil and common law. It is to be found in a host of federal and provincial statutes. For this and for the other reasons given, it is incumbent on the Canadian judiciary to adopt an approach to public international law that promotes respect for pacta sunt servanda by recognizing that Canada’s treaty obligations regulate the exercise of executive power in the domestic as well as the international sphere.
See: Implementation and Reception: The Congeniality of Canada’s Legal Order to International Law*
by Armand de Mestral and Evan Fox-Decent
FYI: Still under construction please keep checking for more information, thank you!
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Parliament Hill Rules
General Rules for the Use of Parliament Hill - Last updated 2018-10-22
The People's RIGHTS
Did you know that any derogation from the UN International Covenant on Civil and Political Rights of our Political and Civil Rights to Freedom of Assembly, which was signed onto by Canada in 1976, could result in a huge legal liability for the federal, provincial or municipal governments, the RCMP, the Ottawa City Police, or the International Public Health Police during a pandemic or war?
Liability
All visitors to the Hill shall respect the Parliament Hill Precinct property in its entirety.
Those failing to abide by these rules will be asked to leave the premises and may be removed in accordance with the Trespass to Property Act, R.S.O. 1990. In the event of damage, the cost of repair, replacement, or cleaning (including excessive garbage, mislaid garbage (anything outside of designated receptacles) and property damages of any sort) shall be the responsibility of the individual or group to whom permission to use the Parliament Hill Precinct was granted, or the person who caused the damage.
The Parliament of Canada and its employees will not be held responsible for any injury, including death, or loss or physical damage incurred by the event organizer and participants or other persons by reason of such events.
The event organizer shall indemnify and save harmless the Parliament of Canada and its employees from any claims, losses, damages, costs, expenses, including reasonable solicitor/client fees; administrative fees and disbursements, and all claims, demands, actions and other proceedings made, sustained, brought, prosecuted, threatened to be brought or prosecuted in any manner based upon, occasioned by or attributable to any injury to or death of a person or environmental effect or damage to or loss of property arising directly or indirectly and whether by reason of anything done as a result of any willful or negligent act or delay on the part of the event organizer or the event organizer’s employees or volunteers in the conduct of the event, except that the Parliament of Canada shall not claim indemnification under this section to the extent that the injury, death or damage has been caused by its employees.
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Rights to Freedom of Peaceful Assembly and of Association
How do you define lawful peaceful protest? The UN Human Rights Committee has a clear answer
29 July 2020
People have the right to demonstrate peacefully and Governments should respect international law and let them do so, senior UN-appointed independent rights experts said on Wednesday.
The legal advice is from the UN Human Rights Committee, whose 18 experts monitor how countries implement the International Covenant on Civil and Political Rights
The panel’s General Comment, notes that protesters have the right to wear masks or hoods to cover their face and that Governments should not collect personal data to harass or intimidate participants.
Focus on racial justice
The development comes at a time of worldwide protests in support of the Black Lives Matter movement and clarifies how “peaceful assembly” should be understood by the 173 countries which have ratified the Covenant.
Committee member Christof Heyns, said that it was a “fundamental human right” for people to gather to celebrate or to air grievances, “in public and in private spaces, outdoors, indoors and online.”
“Everyone, including children, foreign nationals, women, migrant workers, asylum seekers and refugees, can exercise the right of peaceful assembly”, he added.
‘Generalised references’ are not enough
The Committee’s advice also notes that Governments could not prohibit protests by making “generalised references to public order or public safety, or an unspecified risk of potential violence”.
In addition, Governments “cannot block internet networks or close down any website because of their roles in organising or soliciting a peaceful assembly”, according to the Committee.
It also stressed the right of journalists and human rights observers to monitor and document any assembly, including violent and unlawful ones.
Rights expert hails ‘landmark affirmation’
The UN Special Rapporteur on the rights to freedom of peaceful assembly and association, hailed the new interpretation that the right to peaceful assembly also extends to “digital activities”.
“I am excited by this truly landmark affirmation that protection of the right to peaceful assembly extends to remote participation, including online assemblies”, said Clément Voule, reacting to a document released by the Committee. “It is particularly relevant during the COVID-19 pandemic, when so many peaceful gatherings have moved online.”
“By focusing extensively on the intersection of digital technologies and the right to peaceful assembly, General Comment 37 sets out a clear framework to protect this fundamental right in the digital era”, said MR. Voule. “It firmly settles the debate about whether the right to peaceful assembly extends to online activities, says governments should not block or hinder Internet connectivity in relation to peaceful assemblies, and questions the chilling effect of surveillance technologies.”
The Committee’s interpretation will be important guidance for judges in national and regional courts around the world, as it now forms part of what is known as ‘soft law’, he added.
See:
Clément Nyaletsossi VOULE
Special Rapporteur on freedom of peaceful assembly and of association
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City of Ottawa Building Location
Ottawa City Police Regulations -
F.Y.I. The City Police Regulations need to comply with the UN Non-derogation of Political and Civil Rights, as they are not in conformity. Presently, there are laws and by-laws that are unconstitutional and limit our rights.
Doing so is unlawful and should never be done without first verifying with our non-derogation of our international protections, as these need to be primarily taken into consideration. These protections must not be ignored by Police, Lawyers and Justices, and all political actors such as Mayors, Premiers, Parliamentarians, Senators, MPs and MPPs, and most assuredly the Prime Minister.
Ottawa City Police Regulations below are as per their website - click here
What are my rights in a protest, march or demonstration situation?
The Canadian Charter of Rights and Freedoms guarantees certain rights and fundamental freedoms, including the freedoms of opinion, expression and peaceful assembly.
Section 2 of the Charter states: Everyone has the following fundamental freedoms:
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freedom of conscience and religion;
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freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;
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freedom of peaceful assembly; and
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freedom of peaceful association.
These Rights Are Not Without Limits
The Supreme Court has recognized that "freedom of expression does not extend to protect threats of violence or acts of violence. It would not protect the destruction of property, assaults, or other clearly unlawful conduct." In addition, in some cases, the reasonable limits prescribed by law will also apply.
Section 1 of the Charter, which provides for limitations on rights and freedoms, states:1. The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it, subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.
The following is a list of some of the relevant Criminal Code sections that limit certain activities:
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blocking or obstructing a highway (Section 423(1)(g))
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causing a disturbance (Section 175)
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common nuisance (Section 180)
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interfering with transportation facilities (Section 248)
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breach of the peace or imminent breach (Section 31)
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offensive volatile substance (Section 178)
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riots (Sections 32, 33, 64, 65, 67, 68, 69)
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unlawful assembly (Section 63)
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mischief (Section 430)
An arrest for breach of the peace, whether under the Criminal Code or the common law, does not result in a charge. The purpose of an arrest for breach of peace is to restore order.
There are numerous other Criminal Code sections that may also apply to protest situations. In addition to the Criminal Code, limitations on protest activities are also contained in provincial statutes, such as the Highway Traffic Act, and in municipal by-laws.
Planning a demonstration?
The Ottawa Police Service will work with the event organizers and other stakeholders to ensure a safe environment for a demonstration. We recognize the importance of freedoms and of all other protections in the Charter. The police remain committed to ensuring that Charter guaranteed rights and freedoms are upheld, while ensuring that police officers carry out their sworn duties.
Police Liaison Team
Our Police Liaison Team (PLT) are part of the OPS response to events such as demonstrations, protests, rallies, marches, vigils and labour disputes.
PLT work with individuals or groups to facilitate peaceful events and are a great resource for those planning on organizing or attending an event.
What to know before you go
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Your rights
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The role of police
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Consider your actions
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Communicate with police pre-event
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When actions could result in charges
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Know the local by-laws
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Understand the consequences
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Ask questions
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Working together is better for everyone
Gather to peacefully assert your rights
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Gather to peacefully assert your rights
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Express your thoughts, beliefs and opinions
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Get your messaging out in a lawful way
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Have freedom of association
The Canadian Charter of Rights and Freedoms guarantees certain rights and fundamental freedoms. Section 2 of the Charter guarantees your right to believe what you choose, and to express your values. The OPS recognizes the importance of fundamental freedoms and all other protections in the Charter.
IF YOU'RE NOT SURE, ASK:
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Is this considered a peaceful/lawful event?
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Does this event require a permit?
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Am I allowed to wear a mask?
Though all Canadians are entitled to rights and freedoms, Section 1 of the Charter calls for certain limitations. Rights and freedoms are not without responsibilities.
The Supreme Court of Canada has recognized that freedoms in the Charter cannot be extended to protect and justify threats or acts of violence like assault, destruction of property, or unlawful conduct.
Restrictions
All demonstration planning should begin with a permit application to the City of Ottawa. There is no cost for this service and it allows all city stakeholders to be informed of any impacts on their areas of responsibility (i.e. OC Transpo busses re-routed, Fire trucks being aware of routes that may cause delays etc.).
What duties do police have during demonstrations?
Police officers have a sworn duty to preserve the peace, prevent offences, enforce the law, protect property, preserve life and protect against serious injury, among other duties. These duties have their basis in common law and statutes, including the Ontario Police Services Act and the Criminal Code of Canada.
The Ottawa Police Service's Objectives for demonstrations are:
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maintain public order and preserve the peace;
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remain neutral where possible and facilitate the building of trust between police, participants and the community;
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ensure the safety and security of the public and the emergency services personnel;
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minimize disruption for Ottawa residents, businesses and visitors;
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identify and assess threat and risk and develop contingency plans to mitigate where required;
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provide security commensurate to the threat level, and;
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enforce laws and investigate offences where warranted while respecting the democratic freedoms of thought, belief, opinion, expression and peaceful assembly.
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Dare to Dream Program
more to come.
