Legal Stuff

*EXTREMELY IMPORTANT CRIMINAL CODE STUFF
Keep it peaceful! You are within Canadian Charter of Rights and Freedoms rights to freedom of speech and freedom of assembly to peacefully protest and voice your opinion about any issue. The police and the law are on our side. If they follow you, they are breaking the law. Finally the nanny state is paying off.

Remember what it is we are trying to accomplish. We are not protesting against the followers of scientology; we are protesting against the activities of an organization that exploits the weak. If we give out the facts about the crimes Scientology has comitted, public opinion will certainly be sympathetic to us. Don't bring "Honk if you hate Scientology" signs - this is not about hate or aggression.

*More on the legality of the protest:

You are required by law to tell an officer your name, if you give a false name and don't have any ID on you, then they can and will take you to the station until you can be identified.

I called 51 Division with some questions and was helped by a very friendly officer who told me that:

Masks and Flyers are Okay in kitchener as long as you don't stand in peoples way making them take them there is no problem.

The police Should be informed and are supportive of us exercising our rights. The Canadian Charter of Rights and Freedoms guarantees our rights to do what we are planning to do on February 10th. The law is on our side. The police are on our side. The facts are on our side.

For the love of all things sacred, remember this: The protest you are attending is legal. We need not fear the law. If you're some kind of crazy cowboy looking to fight the establishment by breaking the law, you will be handed over to the police. Don't mess it up for the rest of us. If one member of a peaceful assembly begins to break the law, then it will become an unlawful assembly and everyone there is accountable. If you see someone acting erratically and you think they may break the law, distance yourself from them and notify the police.

  • Canadian Charter of Rights and Freedoms

2. Everyone has the following fundamental freedoms:

a) freedom of conscience and religion; (Scientology does not have status in Cananda)

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.

*Important Notice from Criminal Code about Unlawful Assembly

63. (1) An unlawful assembly is an assembly of three or more persons who, with intent to carry out any common purpose, assemble in such a manner or so conduct themselves when they are assembled as to cause persons in the neighbourhood of the assembly to fear, on reasonable grounds, that they

(a) will disturb the peace tumultuously; or

(b) will by that assembly needlessly and without reasonable cause provoke other persons to disturb the peace tumultuously.

Lawful assembly becoming unlawful (2) Persons who are lawfully assembled may become an unlawful assembly if they conduct themselves with a common purpose in a manner that would have made the assembly unlawful if they had assembled in that manner for that purpose.

66. Every one who is a member of an unlawful assembly is guilty of an offence punishable on summary conviction.

  • Hate crimes

Public incitement of hatred

This is straight out of the Criminal Code of Canada:

39. (1) Every one who, by communicating statements in any public place, incites hatred against any identifiable group where such incitement is likely to lead to a breach of the peace is guilty of

(a) an indictable offence and is liable to imprisonment for a term not exceeding two years; or

(b) an offence punishable on summary conviction.

Wilful promotion of hatred (2) Every one who, by communicating statements, other than in private conversation, wilfully promotes hatred against any identifiable group is guilty of

(a) an indictable offence and is liable to imprisonment for a term not exceeding two years; or

(b) an offence punishable on summary conviction.

Defences (3) No person shall be convicted of an offence under subsection (2)

(a) if he establishes that the statements communicated were true;

(b) if, in good faith, the person expressed or attempted to establish by an argument an opinion on a religious subject or an opinion based on a belief in a religious text;

(c) if the statements were relevant to any subject of public interest, the discussion of which was for the public benefit, and if on reasonable grounds he believed them to be true; or

(d) if, in good faith, he intended to point out, for the purpose of removal, matters producing or tending to produce feelings of hatred toward an identifiable group in Canada.

TL;DR: Handing out information about factual, documented cases of crimes comitted by the Church of Scientology is O.K. Handing out information directing the general public to become informed about the Church of Scientology is O.K. Handing out flyers that provoke hatred and call for violent action against the Church of Scientology and/or it's members is not O.K.

  • Being Followed or threatened

Intimidation

423. (1) Every one is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who, wrongfully and without lawful authority, for the purpose of compelling another person to abstain from doing anything that he or she has a lawful right to do, or to do anything that he or she has a lawful right to abstain from doing,

(a) uses violence or threats of violence to that person or his or her spouse or common-law partner or children, or injures his or her property;

(b) intimidates or attempts to intimidate that person or a relative of that person by threats that, in Canada or elsewhere, violence or other injury will be done to or punishment inflicted on him or her or a relative of his or hers, or that the property of any of them will be damaged;

(c) persistently follows that person;

(d) hides any tools, clothes or other property owned or used by that person, or deprives him or her of them or hinders him or her in the use of them;

(e) with one or more other persons, follows that person, in a disorderly manner, on a highway;

(f) besets or watches the place where that person resides, works, carries on business or happens to be; or

(g) blocks or obstructs a highway.

If you are followed by a Scino(s) to your home after the protest, you are within your rights to call the police and inform them of that fact.

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