Legal issues
From OttawaLulz
Anonymous must act within the law at all times. This has been repeatedly stressed by many of Anonymous's allies, including Wise Beard Man and Magoo. In order for great victory (and great justice) to be achieved, Anonymous must protest Scientology's illegal acts by legal means (imagine that!). The legality of our actions so far were favourably analyzed in a Torontoist news article shortly after February 10th. Anonymous of Ottawa intends to keep it that way. Below, you'll find excerpts of the Canadian laws which apply to our actions.
Contents |
[edit] TL;DR Summary
- Anonymous is protected by the Canadian Charter of Rights and Freedoms right to freedom of speech and freedom of assembly to peacefully protest and voice our opinion about any issue.
- Keep it peaceful! Informing the public about factual, documented cases of crimes committed by the Church of Scientology, and directing people to become more informed is O.K. On the other hand, giving out flyers/holding signs that provoke hatred or call for violent action against the Church of Scientology and/or its members is not O.K.
- Cooperate fully with law enforcement officials by being polite and following their requests, which includes giving them your real name and providing ID on demand.
- If you see someone acting erratically and you think they may break the law, distance yourself from them and notify the police.
- Following people is illegal. If you are followed to your home after the protest, you are within your rights to call the police and inform them of that fact.
[edit] 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.
[edit] Criminal Code of Canada
[edit] 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.
[edit] Hate crimes
319. (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.
[edit] Being followed or threatened
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 Scieno(s) to your home after the protest, you are within your rights to call the police and inform them of that fact.
[edit] Legal rights info cards
VERY IMPORTANT - Ontario Legal Rights Information Cards in case you are arrested these cards will advise you on your legal rights.
[edit] Photography
An excellent article on the laws related to photography can be found at Ambient Light.
