Disclaimer: this guide is not meant to act as legal advice, this is a broad overview meant to provide information and resources for those looking to participate in protests, any legal questions should be directed to the appropriate legal council. 

Rights when protesting (and civil disobedience) 

What does the charter say about my right to protest? 

As a Canadian, your right to protest falls under section 2b of the charter, “Freedom of Expression” (Government of Canada, Department of Justice, Electronic Communications, 2024):  

  • Expression protected by section 2(b) has been defined as: “any activity or communication that conveys or attempts to convey meaning” (Thomson Newspapers Co., supra; Irwin Toy Ltd., supra).  
  • The courts have applied the principle of content neutrality in defining the scope of section 2(b), such that the content of expression, no matter how offensive, unpopular or disturbing, cannot deprive it of section 2(b) protection (Keegstra, supra).”  
As a non-citizen 

If you are not a Canadian citizen, you are still guaranteed the fundamental freedoms as stated in the Canadian Charter, these fundamental freedoms include section 2b, as clarified above.  

DIFFERENT METHODS TO PROTEST:
Different methods of protest have been upheld as legal by different cases brought forth to the supreme court. Here’s what the courts had to say about Common protesting methods: 

  • If you have set up an encampment on government / public property. See: peace camps (Weisfeld (F.C.A.), supra); 
  • If you’re told that you can’t put up posters on utility poles: See case law: posters on utility poles (Ramsden, supra); 
  • If you’re gathering / protest includes aspects like: singing, dancing,  art, movement, marching with signs: (Weisfeld v. Canada, [1995] 1 F.C. 68 (F.C.A.), CanLII – 1994 CanLII 9276 (FCA) at paragraph 30 (F.C.A.); 

Being familiar with what your protest entails, and what case law has established can help you know your rights when protesting. 

When protesting, ensure you know what local and provincial laws are in place 

  • Your rights differ depending on whether it’s private or public property you’re protesting on 
  • Your right to peaceful assembly can be subjected to “reasonable limits” without violating the charter (ex. Blocking ambulances, inciting violence, violating injunctions) (Canadian Civil Liberties Association, 2021) 

How to get involved? 

Finding the causes that are important to you, and showing up to support or oppose them, is a right that has been restated by both the Canadian Charter and the UN human rights Commission 

You may find out about protests or events within your community through social media, traditional news outlets, posters or word of mouth, amongst many other ways.  

When seeking out events to be a part of, research the history of the event planner and or group.  Familiarize yourself with the resources they may be providing for the event, this could be accessibility to their events, other ways they are fighting for the cause, or what materials would be useful to bring to the protest or event, if you are unsure about certain aspects of the protest or event, getting in contact with organizers and asking questions, may help to give you the information needed in order to decide how or if you want to participate.  

What is Civil Disobedience? 

Civil disobedience can be defined as the “active, professed refusal of a citizen [or assembly] to obey certain laws, demands, orders or commands of a government. By some definitions, civil disobedience has to be nonviolent to be called “civil” “(Civil Disobedience | Canada Commons, n.d.). 

Former Chief Justice of the Manitoba Court of Appeal, Samuel Freedman, stated that there are three qualities to civil disobedience: 

  • it is always peaceful; 
  • those who engage in civil disobedience must be prepared to accept the penalty arising from the breach of the law; and 
  • Their purpose must be to expose the law breached to be immoral or unconstitutional, in the hope that it will be repealed or changed; or in the hopes that the law or administrative decision will be repealed or changed. (Mazur, 2018). 

As Civil disobedience actively goes against government rule, it’s best to be aware and prepared for consequences that may arise from participation. 

Those consequences can look like:  
  • Being arrested but not charged 
    • This can look like being moved a few blocks away from the protest site to break up said protests, being arrested without charges  
  • Being arrested and charged, charges can look like 
    • Mischief 
    • Breach of peace 
    • Obstruction 
    • Assault 
    • Civil or Criminal contempt of court for violating an injunction (injunctions being court orders to prevent interference with the legal rights of a person, company or government) 

It is always best to be aware of your surroundings and the actions happening within the protest space. 

As a non-citizen, 

As stated above, as a non-citizen your rights to protest falls under section 2 of the Canadian Charter of Rights and Freedom, however that protection does not extend to Civil disobedience. Within this document/pamphlet there are sources that can better help you to understand the risks that come with participating in civil disobedience and what that could mean for aspects such as immigration status. 

Resources at your disposal 

Access Pro Bono 

As a Douglas Student Union member, you have access to Access Pro Bono.
They are a free legal service for all students at Douglas College. To make an appointment, call 604-878-7400 or email help@accessprobono.ca, and they will meet you on campus. 

Indigenous justice Centre 

All Indigenous Peoples, regardless of whether they qualify for legal aid, can access free legal and outreach services if they are facing a criminal or child protection issue. Get free help at one of our Indigenous Justice Centres in Vancouver, Victoria, Nanaimo, Surrey, Kelowna, Prince George, Merritt, Prince Rupert, Chilliwack or through our Virtual Indigenous Justice Centre. 

https://bcfnjc.com/indigenous-justice-centres-in-british-columbia/ 

BC Human Rights Clinic 

The BC Human Rights Clinic provides free legal assistance to people who have filed a complaint with the BC Human Rights Tribunal. 

https://bchrc.net/services/legal-services/ 

How to stay safe:  

What to bring? 
  • Comfortable shoes
  • Weather appropriate clothing
  • Discrete clothing
  • Water bottle
  • Extra prescribed medications/prescriptions (in case of detainment)
  • Emergency contact information, written down
  • Identification (Driver’s License, BC ID, Passport, etc…)
Who to tell? 
  • Make sure you inform trusted family and/or friends that are not attending that you will be at a protest, inform them of the route and how long the protest would be running for 
Where to go?  
  • If you are attending the protest with others, come up with a meeting spot that is away from the planned protest route, that you can gather at in case you happen to become separated. 
What to do after 
  • Protest often are emotionally heavy spaces, it’s important to take time to connect with yourself after the fact, relying on loved ones, community members and mental health support is part of the work to ensure you’re ready to continue advocating.  
  • As a Douglas college student, you have access to the Douglas college counseling services 
  • Follow-up with the organizers, or other protestors, informing them of any issues that arose or telling them what went well, can help in planning successful future protests.  

Other pamphlets, resources and sources: