CdN. CHaRTeR of RiGhTs… {an excerpt}

(ASSERT YouR RiGHTs!)

  

YOUR RIGHTS as a CDN. – some key exceRpTs:

 

Section 2 of the CANADIAN CHARTER OF RIGHTS AND FREEDOMS, our Constitution reads as follows:
2. Everyone has the following fundamental freedoms
(a) Freedom of conscience and religion;
(b) Freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;
(c) Freedom of peaceful assembly; and
(d) Freedom of association
 
Section 24 (1) of the CANADIAN CHARTER OF RIGHTS AND FREEDOMS, reads as follows:
24. (1) Anyone whose rights or freedoms, as guaranteed by this charter, have been infringed or denied may apply to a court of competent jurisdiction to obtain such remedy, as the court considers appropriate and just in the circumstances.

 

Asserting Your Rights:  Traffic stops:
1. You only are required to give documentation for the vehicle and your driver’s license – nothing else.
2. You are not required to give any other information or answer any questions without consulting your lawyer.
3. Your vehicle cannot be searched without probable cause and you do not have to consent to any type of search.
4. If you have been arrested or detained you do not have to consent to any impoundment of your property and have the right to secure your property.
5. If you have not been told you are being detained and given a reason for this you have the right to leave.
 

Being Stopped on the Street by Police
If you are stopped by police outside your home or your car and you are not doing anything contrary to law, you are under No legal obligation to:
1. answer anyquestions as to your name and address, or
2. justify why you are where you are, or
3. produce identification or prove means of supporting yourself, or
4. go with police for further investigation or questioning UNLESS you are placed under arrest.


See Section 7 of the Charter of Rights, s 7: “Everyone has the right to life, liberty, and security of the person…”

CRIMINAL LAW – OBSTRUCT POLICE.
CRIMINAL PROCEDURE – IDENTITY – Duty to identify self.
R. v. Legault (1998) B.C.J. No. 1309, ADGN/98-970
British Columbia Supreme Court, Lamperson J. May 25, 1998
Absent some provision to the contrary, a person must only identify himself or herself to a police officer, if that police officer is in a position to arrest that person or issue some form of summons to him/her. Otherwise there is no general duty to identify oneself to a police officer. Charge of obstuction reversed

  

(Tks 2 Sask.Chaps!)

 

AT. WHAT. POINT?

Most of us get those days/weeks (months?) when suddenly life sucks, nothing goes your way & noone seems to give a shit. That’s when i wish i had a friend like ME…
Cuz – at the risk of sounding like a conceited twat – whatever heinous flaws afflict me, as an ‘UnLoadee’ i rock. Being that repeat-visit ‘Go-To Girl’ over the years, i know bad times don’t just happen to me.  But having been in similar boats (like now), i’m cLued in on what would cheer me up.  And i’ve been happy to dish that out – A LOT…
It doesn’t take any special skills, mostly just empathy – & wanting to give out some lovin good vibes & REASSURANCE that the Hurtin’ One DON’T SUCK… i.e. positive reinforcement, to help ’em move OuTa the MiRe & iNTo the LighT!  It also helps if i:
   a) side with the Unloader rather than play ‘devil’s advocate’,
   b) condemn anyone who contributed to their Bad Time,
   c) point out how and/or why they don’t deserve that shit,
   d) am the only shmuck gullible enough to hear ’em out without hangin’ up?
   e) am just as hurtin??  HA~!
~YEH, i’ve put some effort & emotion into others’ Tryin’ Times – not for anything in return, just cuz i cared enough to wanna CHEER ‘EM UP… STiLL~ i woulda thought my altriusm @ the time MIGHT be NoTed, so that when i’M feelin’ BEAT & need a BOOST – i can count on gettin’ a lil bit o’ that BACK…
NO?
Having recovered from last night’s phonecall, i have a couple more tips on Givin’ Good Ear:
   1. If my Hurtin Times involve being misjudged or misunderstood, TRY not to express TOO much unnecessary confusion re. details/ motives/ whatever (what’s more important:  getting my story straight or lifting my spirits?  Are you a cop – or my friend?)
   2. So you took the time to quiz me on each tiny detail of my story – & i had the patience (/self-control) to re-hash ’em, RepeaTs & aLL – after which, the only thing you could come up with was a distant “You’re very ANGRy” using a (whack) (unrelated) example?  Couldn’t you have mustered up ANYTHING more inspiring? (& why keep RePEATing it, espECIALLY after i told you – truthfully – that i wasN’T ANGRY 4 FuKSAKes?  To ANGeR me??)  May i politely enquire, to what sort of sisterhood do you subscribe, since it ain’t the likes o’ mine – as i was, understandably, led to believe?
   3. IF your confusion stems not from caring but from lack of – i.e. you were bored/tired & tuned out – even chancing a benign “Oh no way that sucks!” or “What an asshole!!” would be better than grilling me with endless queries revealing not only that you weren’t listening but that you don’t care if it’s obvious.  Which is, i hate to say it, classic Passive Aggression – said to be a hallmark of (uhhuh: deal) ANGER!
  (How YOU feelin now?!)
   4.  Blind-siding me with “You’ve NEVER had good relationships with people, have you?” (after telling me you hadn’t ONE girlfriend) was hardly the helping-hand for which i’d freshly hoped – more like the final straw to choke by!? (besides being GRoSSLy UNTRUE – tho maybe less so now haha)… Kay, maybe your MEANNess in that moment (almost) makes me laugh today, since you’re preggers & laying off the drinkies (like fishies) – YAY!  Plus i can’t imagine getting away with making you RE-TELL that whole TuRGid TaLe with those same insipid questions (yeh, i answered each & every one like the angel-i-mean-sucker that i am…)  But @ ThaT point, i GoT angry – @ mySELF, for telling you stuff, like you asked, like you wanted, only to get BURNED… 
   5.  NeXT TiMe (cRossing my fingeRs, hoping not to die) i’LL think TwiCe..