Published by: Police On Guard For Thee
We have received many questions regarding the new restrictions in Ontario.
As we have stated before, the Emergency Management Civil Protection Act and Reopening Ontario Act do not supersede the Charter as stated in 7.0.2 of the EMCPA.
Police have no authority to arbitrarily detain and question anyone for the sole purpose of a public health measure investigation.
To this point we have seen various responses from different services and associations (Reference the photos). The law is the law. Why the different responses? Because it’s not about the law it’s political.
Just yesterday Toronto police tweeted about the collection of identifying information in certain circumstances (CIICC) Ontario Regulation 58/16 prohibiting the collection of information when there is no authority to do so.
Hours later the provincial government announced new police powers. These powers are unconstitutional.
The measures under the ROA and stay at home order are also Ontario Regulations. Same type of legislation, yet contradictory. One says police can’t stop an individual while the other says they can.
That being said if you are operating a motor vehicle and stopped by police you are required to identify yourself under the Highway Traffic Act. You are not required to answer any questions regarding the reason for being outside your home.