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Difference between revisions of "Know Your Rights (Legal Information for Indigenous People)"
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Know Your Rights (Legal Information for Indigenous People) (view source)
Revision as of 02:26, 25 March 2023
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<BLOCKQUOTE>"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."<BR> | <BLOCKQUOTE>"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."<BR> | ||
'''– BC First Nations Justice Council, http://www.bcfnjc.com'''</BLOCKQUOTE> | '''– BC First Nations Justice Council, [http://www.bcfnjc.com bcfnjc.com]'''</BLOCKQUOTE> | ||
'''When responding to a police officer on the street:''' | '''When responding to a police officer on the street:''' | ||
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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.<BR> | 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.<BR> | ||
https://bccla.org/wp-content/uploads/2019/02/powers-of-conservation-officers.pdf | [https://bccla.org/wp-content/uploads/2019/02/powers-of-conservation-officers.pdf Powers of Conservation Officers (PDF)] | ||
== RCMP complaints == | == RCMP complaints == | ||
<BLOCKQUOTE>"You deserve to be treated with dignity and respect by all people working within the justice system. Formal complaint processes exist for police, lawyers and judges."<BR> | <BLOCKQUOTE>"You deserve to be treated with dignity and respect by all people working within the justice system. Formal complaint processes exist for police, lawyers and judges."<BR> | ||
'''– BC First Nations Justice Council website: http://www.bcfnjc.com'''</BLOCKQUOTE> | '''– BC First Nations Justice Council website: [http://www.bcfnjc.com bcfnjc.com]'''</BLOCKQUOTE> | ||
=== If your rights are violated by the police === | === If your rights are violated by the police === | ||
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=== Complaints process: making a complaint about the police === | === Complaints process: making a complaint about the police === | ||
The '''Civilian Review and Complaints Commission''' for the RCMP is an independent agency that reviews complaints made by the public about the on-duty conduct of RCMP members. (Information taken from the BC First Nations Justice Council website: http://www.bcfnjc.com) | The '''Civilian Review and Complaints Commission''' for the RCMP is an independent agency that reviews complaints made by the public about the on-duty conduct of RCMP members. (Information taken from the BC First Nations Justice Council website: [http://www.bcfnjc.com bcfnjc.com]) | ||
Complaints can be filed at their website: http://www.crcc-ccetp.gc.ca/en/make-complaint | Complaints can be filed at their website: [http://www.crcc-ccetp.gc.ca/en/make-complaint crcc-ccetp.gc.ca] | ||
The Independent Investigations Office of BC (IIO) conducts investigations into on- and off- duty police-related incidents of serious harm and death. Serious harm is defined in Part 11 of the ''Police Act'' as injury that may result in death, may cause serious disfigurement or may cause substantial loss or impairment of mobility of the body as a whole or of the function of any limb or organ. The IIO will make a determination whether any officer may have committed an offense. The IIO does not have jurisdiction over conduct complaints against a police officer (such as the Civilian Review and Complaints Commission). Anyone who wishes to provide information pertaining to an IIO investigation can call the witness line at 1-855-446- 8477. (Information taken from IIO website https://iiobc.ca) | The Independent Investigations Office of BC (IIO) conducts investigations into on- and off- duty police-related incidents of serious harm and death. Serious harm is defined in Part 11 of the ''Police Act'' as injury that may result in death, may cause serious disfigurement or may cause substantial loss or impairment of mobility of the body as a whole or of the function of any limb or organ. The IIO will make a determination whether any officer may have committed an offense. The IIO does not have jurisdiction over conduct complaints against a police officer (such as the Civilian Review and Complaints Commission). Anyone who wishes to provide information pertaining to an IIO investigation can call the witness line at 1-855-446- 8477. (Information taken from IIO website [https://iiobc.ca iiobc.ca]) | ||
== Justice system complaints: processes == | == Justice system complaints: processes == | ||
=== Making a complaint about a lawyer in BC === | === Making a complaint about a lawyer in BC === | ||
If you have concerns about a lawyer, you may file a complaint. The Law Society reviews all complaints they receive. More information about the complaints process and the kind of complaints the Law Society will investigate can be found at their website: http://www.lawsociety.bc.ca/complaints-lawyer-discipline-and-public-hearings/complaints-en | If you have concerns about a lawyer, you may file a complaint. The Law Society reviews all complaints they receive. More information about the complaints process and the kind of complaints the Law Society will investigate can be found at their website: [http://www.lawsociety.bc.ca/complaints-lawyer-discipline-and-public-hearings/complaints-en lawsociety.bc.ca] | ||
=== Making a complaint about a judge in BC === | === Making a complaint about a judge in BC === | ||
You can make a formal complaint about a provincial court judge or justice (including a judicial justice, judicial case manager and justice of the peace) if you believe their conduct is improper. Please note that you cannot complain about their decision in a case. Complaints can be mailed, faxed, or filed online through their website: http://www.provincialcourt.bc.ca/complaints-and-appeals/complaint-process | You can make a formal complaint about a provincial court judge or justice (including a judicial justice, judicial case manager and justice of the peace) if you believe their conduct is improper. Please note that you cannot complain about their decision in a case. Complaints can be mailed, faxed, or filed online through their website: [http://www.provincialcourt.bc.ca/complaints-and-appeals/complaint-process provincialcourt.bc.ca] | ||
Complaints information from the BC First Nations Justice Council website: http://www.bcfnjc.com | Complaints information from the BC First Nations Justice Council website: [http://www.bcfnjc.com bcfnjc.com] | ||
== MCFD social workers: investigation process == | == MCFD social workers: investigation process == | ||
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==== TRAC ==== | ==== TRAC ==== | ||
* Call a TRAC (Tenant Resource Advisory Centre) legal advocate at 604-255-0546 or https://tenants.bc.ca/contact | * Call a TRAC (Tenant Resource Advisory Centre) legal advocate at 604-255-0546 or [https://tenants.bc.ca/contact tenants.bc.ca] | ||
* View TRAC's | * View TRAC's [https://wiki.clicklaw.bc.ca/index.php/Tenant_Survival_Guide ''Tenant Survival Guide''] | ||
== Freedom of information: access to information and privacy laws == | == Freedom of information: access to information and privacy laws == | ||
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There are two federal laws under which you can make requests for information. “'''''The Access to Information Act''''' gives Canadian citizens, permanent residents and any person or corporation present in Canada a right to access records of government institutions that are subject to the Act… to make government information publicly available. … The '''''Privacy Act''''' gives Canadian citizens, permanent residents and individuals present in Canada the right to access their personal information held by government institutions that are subject to the Act...” - Government of Canada website | There are two federal laws under which you can make requests for information. “'''''The Access to Information Act''''' gives Canadian citizens, permanent residents and any person or corporation present in Canada a right to access records of government institutions that are subject to the Act… to make government information publicly available. … The '''''Privacy Act''''' gives Canadian citizens, permanent residents and individuals present in Canada the right to access their personal information held by government institutions that are subject to the Act...” - Government of Canada website | ||
To access to Canadian government records: | To access to Canadian government records: | ||
* Online: You can file most ''Access to Information'' Requests or Personal Information Requests online at https://atip-aiprp.apps.gc.ca/atip/ welcome.do | * Online: You can file most ''Access to Information'' Requests or Personal Information Requests online at [https://atip-aiprp.apps.gc.ca/atip/welcome.do atip-aiprp.apps.gc.ca] | ||
* By phone: For general information about ''Access to Information'' or ''Privacy Act'' requests, or to ask for a request form to be mailed to you, phone the Canadian government customer service line at 1-800-622-6232 | * By phone: For general information about ''Access to Information'' or ''Privacy Act'' requests, or to ask for a request form to be mailed to you, phone the Canadian government customer service line at 1-800-622-6232 | ||
* By mail: complete an Access to Information Request form or Personal Information Request form and send it to the Access to Information and Privacy (ATIP) coordinator for the government body that holds the information you want. The forms and list of all ATIP coordinators, including their phone numbers, are at http://www.tbs-sct.canada.ca/tbsf-fsct/ 350-57-eng.asp and http://www.tbs-sct.canada.ca/tbsf-fsct/350-58-eng.ASP | * By mail: complete an Access to Information Request form or Personal Information Request form and send it to the Access to Information and Privacy (ATIP) coordinator for the government body that holds the information you want. The forms and list of all ATIP coordinators, including their phone numbers, are at [http://www.tbs-sct.canada.ca/tbsf-fsct/350-57-eng.asp tbs-sct.canada.ca] and [http://www.tbs-sct.canada.ca/tbsf-fsct/350-58-eng.ASP tbs-sct.canada.ca] | ||
=== Provincial laws === | === Provincial laws === | ||
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'''To access BC government records under FOIPPA:'''<BR> | '''To access BC government records under FOIPPA:'''<BR> | ||
* Call (toll-free) 1-833-283-8200, or email FOI.Requests@gov.bc.ca | * Call (toll-free) 1-833-283-8200, or email FOI.Requests@gov.bc.ca | ||
* Or file a request online at https://www2.gov.bc.ca/gov/content/governments/about-the-bc-government/open-government/open-information/freedom-of-information/submit-a-general-freedom-of-information-request | * Or file a request online at [https://www2.gov.bc.ca/gov/content/governments/about-the-bc-government/open-government/open-information/freedom-of-information/submit-a-general-freedom-of-information-request gov.bc.ca] | ||
* Call for help to request BC records: Office of the Information and Privacy Commissioner of BC 250-387-5629 | * Call for help to request BC records: Office of the Information and Privacy Commissioner of BC 250-387-5629 | ||
{{Legal Information for Indigenous People Navbox}} | {{Legal Information for Indigenous People Navbox}} | ||