Know Your Rights (Legal Information for Indigenous People)

Government authorities

Think before you speak

The Canadian Charter of Rights and Freedoms (the “Charter”) is part of the Constitution Act, 1982 of Canada. Sections 7 to 14 of the Charter set out rights that protect Canadians when dealing with the justice system. They ensure that individuals who are involved in proceedings are treated fairly, especially those charged with a criminal offence. These sections are where your legal rights come from: right to silence, right to a lawyer, right against unreasonable searches, etc.

What do the RCMP, the MCFD, and ICBC all have in common?
They are all government agencies who investigate situations where there may be fault or liability or safety concerns. They all have jobs to do. However, with each of these agencies you are well advised to know your rights before you speak.

You are always allowed to say,

“I want to speak with a lawyer before I speak with you.”

This is not an admission of guilt or fault, just a way to make sure you are safeguarding your rights. Get legal advice to learn about your rights and responsibilities when you are being confronted by government agencies.

Knowing what each authority does is helpful so you can know why they might be contacting you and how much information you may want to give or when you may want to get legal advice first.

Police encounters

"The RCMP must suspect you of committing a crime, have seen you committing a crime, or you must be driving a vehicle before they can stop you and question you."
– BC First Nations Justice Council, http://www.bcfnjc.com

When responding to a police officer on the street:

• Be polite, note the officer’s badge number or name.
• Ask if you are free to go:
  • If YES – leave
  • If NO – ask if you are under arrest

If you are under arrest:

• Ask WHY: it is your right to know why you are being arrested.
• Ask for a lawyer and then remain silent: you have the right to do both.

REMEMBER
You do not have to answer their questions at any point. You always have the right to silence even if you have to speak to clear something up or be dismissed.

"I want to remain silent. I want to speak to a lawyer."

You do not have to identify yourself to a police officer, unless:

• You are under arrest.
• You are driving – if you do not have your license on you, you can provide your name and date of birth.
• You are issued a ticket.

Police custody and arrests

If you are arrested or detained, you are protected by Section 10 of the Charter.

• You have the right to silence - speak to a lawyer before the police.
• The police must inform you of the reasons for your arrest or detainment.
• You have the right to retain and speak to a lawyer without delay and the police are required to inform you of this right.

If you are arrested, or detained and under investigation by the police, call the Brydges Line at Legal Aid BC (24/7) 1-866-458-5500

If you are released on bail or with a Promise to Appear, there may be conditions attached (rules for behaviour):

• Reporting to a bail supervisor
• Not being able to leave town
• Must avoid certain areas or people
• Cannot carry a weapon
• No consumption of alcohol

If you think your conditions are too restrictive (unfair or unrealistic) call your lawyer for help as soon as possible because breaching conditions can mean another criminal charge.

DFO & COS

Government authorities: On land & water

DEPARTMENT OF FISHERIES AND OCEANS (DFO)
DFO officers conduct regular patrols on land and sea to catch violations of the Fisheries Act. A DFO officer’s job is to ensure that individuals who are fishing are doing so subject to a recreational or a commercial fishing license. Indigenous people have an inherent and Constitutional right to fish.

CONSERVATION OFFICERS "C.O."
C.O.’s enforce multiple federal and provincial statutes related to hunting, gathering (e.g. wood, medicines), trapping and human-wildlife conflict. Indigenous people have established rights to harvest for food, social and ceremonial purposes in their traditional areas.

Further, C.O.’s have legal powers of search and seizure, similar to those of police officers. In certain circumstances, a C.O.’s conduct may violate your civil liberties. If you believe a C.O.’s actions constitute misconduct you can submit a complaint within one year to the Conservation Officer Service.

If you are questioned by DFO or a C.O. for a harvesting activity, indicate that you are exercising your Indigenous right to harvest and present your status card. Although these are government authorities with a job to do, you have rights same as with any police agency.
https://bccla.org/wp-content/uploads/2019/02/powers-of-conservation-officers.pdf

A person licensed to practice law in a particular jurisdiction by that jurisdiction's law society. See "barrister and solicitor."

In law, response to an allegation of fact or to a claim. Usually refers to documents that reply to the allegations or claims made by the other party, such as a "Response to Family Claim" or a "Reply."

In family law, an antiquated term used by the old Divorce Act to describe the right to possess a child and make parenting decisions concerning the child's health, welfare and upbringing. Replaced in the new Divorce Act with the term decision-making responsibility." See "access," "decision-making responsibility" and "parenting time."

Real property; a parcel of real property and the buildings upon it. See also "chattel," "ownership" and "possession."