Important Definitions
Interim Order
When the Ontario Labour Relations Board issues an interim order, it is enforced just like an order of the court when registered with the courts. Once registered with the courts, it is enforceable by the Sheriff, based on the terms set out in the order. The Sheriff has the authority to require a police officer to accompany the Sheriff and assist in the execution of the order if the Sheriff believes that the execution of an order may give rise to a breach of the peace (Courts of Justice Act).
Interlocutory
An interlocutory injunction is an order obtained from a court intended to ensure that specified acts do not occur until the court finally determines the parties' rights. It is a valid court order until it is replaced by a final order of the court or until it expires.
Injunction
An injunction is an order of the court directing persons to do or not to do a particular act or thing. The Sheriff of the Regional Municipality enforces an injunction unless the Police are otherwise named.
Guidelines
The following excerpts are taken from the Criminal Code of Canada and the Trespass to Property Act and are offered as guides. They are intended to outline offences frequently encountered by Police Officers at protests and demonstrations.
Cause Disturbance – Everyone who, in or near a public place, causes a disturbance by fighting, screaming, shouting, swearing, singing, using insulting or obscene language, impeding or molesting another person, or loitering in a public place and in any way obstructs persons who are there, may be found guilty of a criminal offence.
Mischief – Everyone commits mischief who wilfully destroys or damages property, obstructs, interrupts or interferes with any person in lawful use or enjoyment of property. Such person may be found guilty of a criminal offence.
Trespass to Property Act – Everyone who is not acting under the right or authority conferred by law and who, without the express permission of the Occupier, the proof of which rests upon the Defendant:
- Enters on-premises when entry is prohibited under this Act;
- Engages in an activity on-premises when the activity is prohibited under this Act; or,
- Does not leave the premises immediately after he is directed to do so by the Occupier of the premises or a person authorized by the Occupier is guilty of an offence.
Role of the Police at Protests and Demonstrations
The role of the Police at a demonstration, Indigenous occupation, or protest is to preserve the peace, prevent offences, and enforce the law, including offences against persons and property, in accordance with the powers and discretion available to a Police Officer under the law.
In addition to their primary role, the Police will:
- Advise and assist where possible;
- Ensure that all persons involved are able to exercise their lawful rights; and
- Prevent breaches of the peace at the time of disputes and occupations through peaceful negotiations.
Police officers are instructed to maintain a neutral presence in such disputes. This includes limiting their involvement to maintaining peace and order, preventing the commission of offences, enforcing the law (including offences against persons and property), and safeguarding the fundamental rights guaranteed by the Canadian Charter of Rights and Freedoms and the Human Rights Code.
Protesters should be aware of their legal rights and responsibilities and have the responsibility and opportunity to regulate the behaviour of their respecting constituents at protests and disputes and of maintaining peaceful picketing.
The Waterloo Regional Police Service's policy is to refrain from using force to open a picket line; however, this does not preclude this action in emergent situations.
Where delays at a protest are occurring, involved protesters should negotiate a reasonable delay time.
All parties should be aware that the operations of the courts and the seat of any elected government body cannot be obstructed in a dispute or protest.
Both management and union should seek relief through the Ontario Labour Relations Board or the Civil Courts should a situation arise which cannot be resolved through peaceful negotiation.
If peaceful conditions are not preserved, in the interest of public safety, police officers may be stationed at the scene to:
- Maintain peace and order;
- Ensure, where necessary, the free and safe flow of pedestrian and vehicular traffic on the highway and sidewalk;
- Remove any object or person directly or indirectly obstructing traffic, under the provisions of the Highway Traffic Act and the Criminal Code of Canada;
- Ensure peaceful picketing is lawful for the purpose of obtaining or communicating information on public property and does not include use of force, threats, threatening gestures, or blocking access to the picketed premises.
Role of the Police at Labour Disputes
The Waterloo Regional Police Service's (“WRPS”) policy is to refrain, whenever possible, from stationing uniformed officers at strike scenes. The executive member and picket captains of the union-local involved in the strike are given the opportunity to manage their picket lines and maintain peaceful picketing. The WRPS is available to assist in labour disputes:
- By establishing an impartial liaison with the members of organized labour and management;
- By advising and assisting both parties when possible;
- By ensuring that all persons involved are aware of and able to exercise their lawful rights; and
- By maintaining peace and order in the interest of public safety.
The WRPS encourages open communication, discussion and negotiation of all strike-related concerns to ensure the peaceful operation of a strike.
Lawful Versus Unlawful Picketing
Many labour disputes involve picketing, however:
- Only informational picketing is lawful. That is, picketing is permitted only for the purpose of communicating information. Picketers may communicate information through a variety of means, including placards, shouted slogans, pamphlets, and the mere fact of solidarity exhibited by the number of persons present on the picket.
- Picketers may not interfere with or obstruct the lawful right to enter or leave the struck premises.
The Ontario courts have confirmed that picketing is unlawful if it interferes with the rights of entrance or exit from private property, subject to very short and reasonable delays to allow for informational picketing to occur. But generally, picketers may not lawfully engage in the following activity:
- Stopping vehicles entering the struck premises;
- Blocking roadways that lead to the premises;
- Limiting access to the premises;
- Limiting exit from the premises; or
- Making threats or engaging in intimidation.
Pickets have the legal right to ask anyone to honour their picket line and try and persuade them from crossing it; however, this does not extend to the use of force, threats, threatening gestures, or blocking access to the picketed premises. There may be a right to picket the premises of employers not directly involved in the dispute, (i.e. secondary picketing), unless the secondary picketing can be shown to be wrongful or unjustified.
The following guidelines are designed to assist in avoiding Breaches of the Peace:
- There is a legal obligation on any person crossing or attempting to cross a picket line to do so in a manner that will not endanger the life or safety of any person.
- It is illegal to block access to premises; to counsel or procure others to do so is also against the law.
- It is illegal to prevent workers, customers, patrons or suppliers from entering or exiting a premise or place of business.
- It is illegal for the driver of a vehicle to obstruct traffic on a roadway. In the interest of public safety or in the interest of preventing a serious breach of the peace, Police may request that the driver leave the site of a picket line in the event entry cannot be negotiated peacefully.
Role of the Police at Indigenous Occupations and Protests
The right to peaceful assembly is fundamental to democracy and enshrined in the Canadian Charter of Rights and Freedoms. The WRPS is committed to safeguarding the fundamental rights of all citizens guaranteed by the Charter of Rights and the Ontario Human Rights Code.
The WRPS does not have the authority to settle a dispute regarding treaty or Indigenous rights. However, the WRPS has an obligation to protect the rights of all citizens involved in or affected by a dispute. In doing so, the WRPS will develop and promote an operationally sound, informed and flexible approach to resolving conflict and managing crisis should an incident occur. Mutual respect of differences, positions and interests of all involved parties and a careful and measured approach of any use of force will be adhered to.
The Canadian Charter of Rights and Freedoms
The Charter of Rights and Freedoms provides fundamental freedoms for all under Section 2. It should be of paramount consideration during Police response to demonstrations.
Section 2 – Fundamental Freedoms
2. Everyone has the following fundamental freedoms:
a) Freedom of conscience and religion;
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
Participants of a demonstration are expected to behave peacefully and lawfully. Policing any demonstration requires a balance of maintaining a supportive presence while ensuring participants remain safe and behave lawfully.
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