How to stay safe during a protest
By: Callum Denault
Published on: March 28, 2024
There are many protests happening across Canada, tackling various issues from poverty and racial inequality to government corruption, both domestically and abroad.
Ideally, these protests are peaceful, with no participants or police officers escalating things into a riot. Unfortunately, that is not always the case.
While speaking up and rising against oppression and corruption is always important, it is also essential to remain safe during protests.
Read along for strategies to ensure your voice is heard while remaining mindful, cautious, and safe during Canada’s many political demonstrations.
The legality of protesting
Knowing the law is vital to attending any demonstration, especially when run-ins with police are likely.
People in a democratic country such as Canada have the right to protest anytime they want. You do not require a permit to hold a peaceful protest on public property, which includes parks, town squares, and government buildings.
However, there are still limitations on how individuals can protest in Canada. Provincial laws and Municipal by-laws may restrict when, where, and how protests are conducted. For example, protestors can not block traffic or physically block access to building entrances. There may also be rules related to the level of noise.
Make sure to check out laws and regulations to ensure your protest remains legal and peaceful. These laws exist to keep people safe and ensure other individuals aren’t disturbed in a harmful or unfair way.
Interacting with police at a protest
It is important to note that police may be allowed to detain, search, use force, or arrest participants during a protest. They can do this if, for example, you commit a crime while protesting. The police may also need to stop protestors from committing non-peaceful activity, such as injuring others or damaging property.
It is also essential to know your rights during police interactions. Police are allowed to ask you questions at any time. However, the Canadian Charter of Rights and Freedoms, Section 7 and Section 11 (c) guarantees Canadians’ right to remain silent. This means you do not have to answer the police’s questions. Remain calm and simply state, “I don’t want to answer any questions.”
Police are allowed to take someone’s smartphone and search through it, but only under specific circumstances. This includes the owner being arrested legally, and the search is incidental to that arrest. Police can only search through phones for what is necessary for the investigation and must take detailed notes of everything they do. However, the Canadian Charter of Rights and Freedoms, Section 7 and Section 11 (c), also protects individuals against providing police with their phone passwords. Police are allowed to try to get around the need for a password if they can prove it is relevant to their investigation.
There are continents to police searching you or your belongings. In most cases, the police can only search you if you give permission, they have a search warrant, they’re detaining you to investigate a crime, or they’re arresting you. The Canadian Charter of Rights and Freedoms protects you from unreasonable search and seizure, meaning police must conduct the search in a reasonable manner.
If the police are charging you with an offence, you must tell them your correct name and date of birth. If you refuse, they can arrest you to figure out who you are. It is also important to remember you can be charged with giving false information.
The police can detain you if they believe you are connected to a crime. However, they must tell you why, and you do not have to answer any questions while detained. If they escalate the situation and arrest you, they must tell you why you’re being charged. Furthermore, they can only search you in a reasonable way and must allow you to speak to a lawyer. You also have the right to remain silent and do not have to answer any of their questions besides your correct name and date of birth.
Staying physically safe at a protest or demonstration
Making a plan and conducting prior research is really important to safely prepare for any demonstration.
It is always a good idea to research whether similar protests have previously turned violent. While making your voice heard is important, you want to ensure you are aligning yourself with groups committed to peaceful protest demonstrations.
You should plan to wear comfortable clothes and walking shoes as you may be standing around or marching for long periods. You should also bring water and high-protein snacks to ensure you are not dehydrated and maintain high energy levels. Additionally, it’s a good idea to survey the protest area to identify the nearest exits or bathrooms.
Another good strategy is to buddy up. Try to go in a group or with at least one other person. If one person gets arrested or hurt, anyone they are with can tell others and also film any legal violations nearby police are committing on protestors. This is also why knowing one’s rights is essential and worth researching before joining a protest. It is also a good idea to have a meeting spot if group members get separated or the protest turns violent.
Anyone wanting to bring a smartphone with them should encrypt it and put it in airplane mode. This will allow you to avoid leaving any digital breadcrumbs that could have legal implications if the protest goes poorly. Additionally, it is a good idea to turn off biometric passwords that use the cell phone owner’s body to unlock it, such as fingerprint scanners or facial IDs. These biometric passwords make it easier for police officers to open someone else’s phone.
Finally, it is important to keep an eye on signs that a protest might turn into a riot. Statistically, this is more likely to happen when law enforcement mistreats protestors. However, demonstrators themselves might escalate violence, especially if they feel they are being mistreated or that more peaceful protest options are not enough to impact the government’s decisions.
While there are several issues worth protesting for, it is essential to remain peaceful and to stay safe. No protest is worth getting seriously hurt over.