Protesting is an important means of self-expression in democratic societies. Unfortunately, even peaceful protests sometimes lead to criminal charges, and people can wind up in custody despite their best efforts to stay on the right side of the law. Having a criminal lawyer with Toronto experience is crucial to ensuring you are treated fairly by the justice system.
In this blog you will read about why protests often result in criminal charges, what the most common charges are, and how a lawyer can help with your case.
Why Protests Lead to Charges
Protests can create conditions that lead to misunderstandings, accidents, and unintended conflict. These conditions include:
- Crowding: Some protests are very large, involving thousands of people. Since they happen in public, people can get pushed into the street or onto private property. Unintended property damage can easily happen.
- Strong feelings: No one protests something they do not care about. Protestors are frequently angry about a policy change, a corrupt politician, or an organization that has done something unethical. These feelings can be exacerbated by the presence of others who share the same opinions.
- Bad actors: It is not unusual for someone who does not share the protestorsโ opinions to attend the protests and create a disturbance, which sometimes leads to aggression.
- Counterprotests: Opposing groups sometimes hold their own protests nearby.
- Perceived aggression: Law enforcement officers may mistake peaceful actions as threats against them or against the public.
- Over-policing: Municipalities may overstaff protests if they expect they will get out of hand. Disproportionate responses, such as kettling or mass arrests, are not unusual in these situations.
Every criminal lawyer in Toronto has handled cases caused by these conditions, and some have even defended police officers charged with protest-related offences on the job.
Common Charges at Protests
Common charges stemming from protests are:
- Trespassing: Protesting on private property or restricted property such as government buildings, military bases, businesses, critical infrastructure, or national monuments.
- Mischief: This covers a wide range of acts including defacing property, restricting access to a business, blocking a road, tampering with utilities, and destroying data. The criminal lawyer for your Toronto mischief case would nail down the specifics for you.
- Assault
- Assaulting a police officer
- Unlawful assembly: Canadians have a right to gather peacefully, but an assembly can be deemed illegal under certain conditions. A criminal lawyer in Toronto would challenge this designation when defending a client charged with unlawful assembly.
- Resisting arrest: Clashes with law enforcement, added to chaotic circumstances, can lead to this common charge.
- Weapons charges: Even everyday objects such as rocks or sticks can be considered weapons if they are used to harm or intimidate someone.
- Riot Charges: If an unlawful assembly results in violence or serious property damage it is considered a riot.
Many of these charges carry higher penalties when combined. For example, assault with a weapon is considered more serious than simple assault. Hiring an experienced criminal lawyer in Toronto is the best way to ensure charges and penalties are kept to a minimum.
What to Do If You Are Arrested at a Protest
Before you attend a protest be prepared for all eventualities. Find a criminal lawyer in Toronto who you can call if you are arrested. Carry their contact information with you to the protest.
If you are detained, cooperate with the police but say nothing. You will be anxious to defend yourself, but you may incriminate yourself unintentionally if you do speak. For example, if you are arrested for assault, and you say, โI didnโt mean to hit that person, but they got in my way,โ you have just admitted to striking someone. Instead, say, โIโm exercising my right to remain silent and would like to speak to a lawyer.โ Call a criminal lawyer at a Toronto office as soon as possible and wait until they advise you before you say anything else.
How a Criminal Lawyer in Toronto Can Help with Protest Charges
A criminal lawyer with Toronto experience in defending protestors can help by:
Explaining the Charges
The police will use legal terms when they interact with you. These can be difficult to interpret. Your lawyer will help you understand the charges against you and what they mean.
Protecting Your Rights
In Canada you have the right to assemble, to express yourself in the form of protest, to be free from unreasonable search and seizure, and to consult with a lawyer if you are arrested. If any of those rights were violated your lawyer can argue that the charges against you should be dropped or evidence excluded from your trial.
Gathering Evidence
Your criminal lawyer in Toronto will examine the prosecutionโs evidence closely, identifying gaps and inconsistencies. They will then collect additional evidence such as videos, photographs, and witness statements that support your innocence or cast doubt on the prosecutionโs case.
Preparing a Defence
Your lawyer will start working on a defence immediately. There are numerous courses of action they may take, including:
- Arguing that your actions were protected under the Canadian Charter of Rights and Freedoms, particularly your right to peaceful assembly and expression.
- Building defences to specific charges. For example, if you are charged with mischief, they may argue that you lacked intent. For unlawful assembly or rioting they may show that you were acting peacefully and did not contribute to public disorder.
- Negotiating for reduced charges or an alternative sentence such as community service.
Supporting You Through the Process
It may be your first experience on the โwrong sideโ of the law, but a criminal lawyer in Toronto has been through the process many times on behalf of clients. They know what is going to happen, when, and what you should do to minimize the impact on your life. Having a guiding hand and a trusted confidante is invaluable at a stressful time like this.
About Zamani Law
Whether you are planning to attend a protest, or you have been arrested at one, you need an experienced criminal lawyer in Toronto to defend you and ensure that this does not impact your future.
The team at Zamani Law, led by renowned criminal lawyer Farid Zamani, has defended a wide range of citizens who have come into contact with the criminal justice system. We understand what is needed in the moment, and how to help you right now.
Contact Zamani Law today for a free consultation.
