What to do about negative What to do about negative police interactions?police interactions?

By: Johanna Macdonald, SYLS Lawyer, JFCY

Police Complaints Workshop for Youth Serving Police Complaints Workshop for Youth Serving Agency StaffAgency Staff

Thursday May 13Thursday May 13thth, 2010, 9-11:30am, 2010, 9-11:30amEvergreen Centre for Street YouthEvergreen Centre for Street Youth

381 Yonge Street, Toronto, ON M5B 1S1381 Yonge Street, Toronto, ON M5B 1S1

Police Officers’ OathPolice Officers’ Oath

The oath or affirmation of office to be taken The oath or affirmation of office to be taken by a police officer:by a police officer:

I solemnly swear (affirm) that I will be loyal to Canada, I solemnly swear (affirm) that I will be loyal to Canada, and that I will uphold the Constitution of Canada and that and that I will uphold the Constitution of Canada and that I will, to the best of my ability, preserve the peace, I will, to the best of my ability, preserve the peace, prevent offences and discharge my other duties as prevent offences and discharge my other duties as ((insert name of officeinsert name of office) faithfully, impartially and according ) faithfully, impartially and according to law.So help me God. (to law.So help me God. (Omit this line in an affirmationOmit this line in an affirmation.) .)

Police Services ActPolice Services Act, R.S.O. 1990, c. P15 (, R.S.O. 1990, c. P15 (PSAPSA), Reg. 144/91, s. 2.), Reg. 144/91, s. 2.

PrinciplesPrinciples

1. The need to ensure the safety and security of all persons and 1. The need to ensure the safety and security of all persons and property in Ontario.property in Ontario.

2. 2. The importance of safeguarding the fundamental rights The importance of safeguarding the fundamental rights guaranteed by the Canadian Charter of Rights and guaranteed by the Canadian Charter of Rights and Freedoms and the Human Rights Code.Freedoms and the Human Rights Code.

33. The need for co-operation between the providers of police . The need for co-operation between the providers of police services and the communities they serve.services and the communities they serve.

4. The importance of respect for victims of crime and 4. The importance of respect for victims of crime and understanding of their needs.understanding of their needs.

5. The need for sensitivity to the pluralistic, multiracial and 5. The need for sensitivity to the pluralistic, multiracial and multicultural character of Ontario societymulticultural character of Ontario society ..

6. The need to ensure that police forces are representative of the 6. The need to ensure that police forces are representative of the communities they serve. communities they serve.

PSAPSA, s., s.11..

Officer DutiesOfficer Duties

• Preserving the peacePreserving the peace• Preventing crimes and providing assistance and Preventing crimes and providing assistance and

encouragement to other persons in their preventionencouragement to other persons in their prevention• Assisting victimsAssisting victims• Apprehending criminalsApprehending criminals• Laying charges and participating in prosecutions;Laying charges and participating in prosecutions;• Executing warrants;Executing warrants;• Performing the lawful duties that the chief assigns;Performing the lawful duties that the chief assigns;• Enforcing municipal by-laws;Enforcing municipal by-laws;• Completing the prescribed training.Completing the prescribed training.

PSAPSA, s., s.4422(1).(1).

Code of ConductCode of ConductA police officer commits misconduct if he or she engages in discreditableA police officer commits misconduct if he or she engages in discreditableconduct including:conduct including:

• Fails to treat or protect a person equally without discrimination with respect to polices Fails to treat or protect a person equally without discrimination with respect to polices services because of that person’s race, ancestry, place of origin, colour, ethnic origin, services because of that person’s race, ancestry, place of origin, colour, ethnic origin, family status, sex, sexual orientation, creed, citizenship, colour, age, or disability;family status, sex, sexual orientation, creed, citizenship, colour, age, or disability;

• Uses profane, abusive, or insulting language or is otherwise uncivil to a member of Uses profane, abusive, or insulting language or is otherwise uncivil to a member of the public;the public;

• Suppresses a complaint against a member of the police force;Suppresses a complaint against a member of the police force;

• Is guilty of a criminal offence;Is guilty of a criminal offence;

• Acts in a disorderly manner or in a manner prejudicial to discipline or likely to bring Acts in a disorderly manner or in a manner prejudicial to discipline or likely to bring discredit upon the reputation of the police force.discredit upon the reputation of the police force.

PSA, PSA, Reg. 123/98, ss. 15(2)(a)(i),(v),(viii),(xi).Reg. 123/98, ss. 15(2)(a)(i),(v),(viii),(xi).

Code of Conduct, con’tCode of Conduct, con’t

Some other examples of misconduct include:Some other examples of misconduct include:

• Without lawful excuses, neglects or omits to Without lawful excuses, neglects or omits to perform a duty as a member of the police force;perform a duty as a member of the police force;

• Offers or takes bribes;Offers or takes bribes;

• Makes an unlawful or unnecessary arrest (without Makes an unlawful or unnecessary arrest (without sufficient cause);sufficient cause);

PSA, PSA, Reg. 124/98, ss.15(c)(i), (f)(i), (g)(i).Reg. 124/98, ss.15(c)(i), (f)(i), (g)(i).

Code of Conduct - Use of ForceCode of Conduct - Use of Force

A police officer commits misconduct if: A police officer commits misconduct if:

• Using any unnecessary force against a prisoner Using any unnecessary force against a prisoner or other person contacted in the execution of or other person contacted in the execution of duty;duty;

• Using a weapon and/or physical force resulting Using a weapon and/or physical force resulting in medical attention, fails to fill out and submit a in medical attention, fails to fill out and submit a use of force report.use of force report.

PSA, PSA, Reg. 124/98, ss.15(g)(ii); andReg. 124/98, ss.15(g)(ii); and PSA PSA, Reg. 926, s. 14.5., Reg. 926, s. 14.5.

What Negative Interactions?What Negative Interactions?

What To Do?What To Do?

Criminal charges?Criminal charges? Charter Charter rights remedy?rights remedy? Civil suit?Civil suit? Human rights hearing?Human rights hearing? Lodge a complaint?Lodge a complaint? Advocacy projects; lobby for change?Advocacy projects; lobby for change?

EvidenceEvidence

Regardless of your avenue of redress, evidence is essential! Relevant evidence includes:

– Identifying notes – Pictures and videos– Witnesses– Medical reports – Police reports– Estimates (for example, clothing or furniture repair

costs)– Affidavits

Evidence Tips – Identifying NotesEvidence Tips – Identifying Notes

As soon as possible after the incident, write down all ofthe details that can be remembered:

– Date– Time– Location– All details of what happened– What did officer look like?

Height/weight/hairstyle – Officer in uniform or not? By foot, bike, or car?– Your injuries, how you feel

Evidence Tips - WitnessesEvidence Tips - Witnesses

• Get the name, address, phone number Get the name, address, phone number and email address of anyone who saw the and email address of anyone who saw the incident.incident.

• Ask any witness to write down what they Ask any witness to write down what they saw right away so they don’t forget details saw right away so they don’t forget details and date and sign their notes.and date and sign their notes.

• Make a copy of the witnesses’ notes. Ask Make a copy of the witnesses’ notes. Ask the witness to keep one copy, and keep the witness to keep one copy, and keep one for yourself.one for yourself.

Evidence Tips - Pictures, VideosEvidence Tips - Pictures, Videos

• It is best to use a camera that puts a date on the picture/video.

• It could be a picture or recording of what happened, or of the injury caused to the body or property, or of the place where the problem happened.

• Take pictures of all of the injuries. It is best if the person taking the pictures can come to court/tribunal.

• Ask any nearby stores or businesses if they have security camera. *Do this quickly, some are destroyed after 24 hours. If they have tapes, write a dated, singed letter to them immediately asking them to save the tapes and explain why. Keep a copy of the letter, and give the original to the store.

• Take pictures of the area where the problem happened. Take pictures from a few different angles.

Evidence Tips - Medical RecordsEvidence Tips - Medical Records

• If injured, even if scrape or bruise, have a doctor If injured, even if scrape or bruise, have a doctor examine the injuries.examine the injuries.

• Tell the doctor what happened (Tell the doctor what happened (allall injuries) and why a injuries) and why a copy of his or her notes is needed.copy of his or her notes is needed.

• Ask the doctor to photocopy the notes taken during an Ask the doctor to photocopy the notes taken during an appointment so they can be used in the case.appointment so they can be used in the case.

• Keep receipts if medical service was paid for.Keep receipts if medical service was paid for.

• If injuries don’t get better or get worse, keep going back If injuries don’t get better or get worse, keep going back to the doctor to document them.to the doctor to document them.

Criminal Charges, eg: assaultCriminal Charges, eg: assault Report a crime &/or lay a private info. with the courtReport a crime &/or lay a private info. with the court

The The Criminal CodeCriminal Code protects persons acting under authority protects persons acting under authority from criminal prosecution, for eg:from criminal prosecution, for eg:

““Every one who is required or authorized by law to do anything in the administration or Every one who is required or authorized by law to do anything in the administration or enforcement of the law(enforcement of the law(aa) as a private person,() as a private person,(bb) as a peace officer or public officer,() as a peace officer or public officer,(cc) in ) in aid of a peace officer or public officer, or(aid of a peace officer or public officer, or(dd) by virtue of his office,is, if he acts on ) by virtue of his office,is, if he acts on reasonable grounds, justified in doing what he is required or authorized to do and in using reasonable grounds, justified in doing what he is required or authorized to do and in using as much force as is necessary for that purpose”.as much force as is necessary for that purpose”.

But, there is no protection when excessive force is used:But, there is no protection when excessive force is used:

““Every one who is authorized by law to use force is criminally responsible for any excess Every one who is authorized by law to use force is criminally responsible for any excess thereof according to the nature and quality of the act that constitutes the excess”.thereof according to the nature and quality of the act that constitutes the excess”.

Criminal Code of CanadaCriminal Code of Canada, R.S.C. 1985, c. C-46, ss. 25-26., R.S.C. 1985, c. C-46, ss. 25-26.

Individual Individual Charter Charter RightsRights

Right not to be deprived of life, liberty, and Right not to be deprived of life, liberty, and security of the person except in accordance with security of the person except in accordance with the principles of fundamental justice;the principles of fundamental justice;

Right to not be arbitrarily detained or imprisoned;Right to not be arbitrarily detained or imprisoned; Right to not be unreasonably searched;Right to not be unreasonably searched; Right to speak with counsel upon detention;Right to speak with counsel upon detention;

Canadian Charter of Rights and Freedoms, 1982, s. 7,8,9, 10(a)(b)Canadian Charter of Rights and Freedoms, 1982, s. 7,8,9, 10(a)(b)

Right not to be arbitrarily detainedRight not to be arbitrarily detained

Detention is a suspension of the individual's liberty interest by Detention is a suspension of the individual's liberty interest by a significant physical or psychological restraint. a significant physical or psychological restraint.

R. v. GrantR. v. Grant, [2009] S.C.J. No. 32 at para. 44., [2009] S.C.J. No. 32 at para. 44.

An officer must have: “reasonable grounds to suspect in all An officer must have: “reasonable grounds to suspect in all the circumstances, that the individual is connected to a the circumstances, that the individual is connected to a particular crime and that such detention is necessary.”particular crime and that such detention is necessary.”

R. v. MannR. v. Mann, [2004] S.C.J. No. 49 at para. 45., [2004] S.C.J. No. 49 at para. 45.

Reasonable grounds is described as: “….a constellation of Reasonable grounds is described as: “….a constellation of objectively discernible facts which give the detaining officer objectively discernible facts which give the detaining officer reasonable cause to suspect that the detainee is criminally reasonable cause to suspect that the detainee is criminally implicated in the activity under investigation.” implicated in the activity under investigation.”

R. v. Simpson,R. v. Simpson, (1993) 12 O.R. (3d) 182 (Q.L.) at p. 15. (1993) 12 O.R. (3d) 182 (Q.L.) at p. 15.

Right not to be unreasonably Right not to be unreasonably searched, eg: upon detentionsearched, eg: upon detention

““Where a police officer has reasonable grounds to Where a police officer has reasonable grounds to believe that his or her safety or that of others is at risk, believe that his or her safety or that of others is at risk, the officer may engage in a protective pat-down search the officer may engage in a protective pat-down search of the detained individual. Both the detention and the of the detained individual. Both the detention and the pat-down search must be conducted in a reasonable pat-down search must be conducted in a reasonable manner”. manner”.

““In this connection, I note that the investigative detention In this connection, I note that the investigative detention should be brief in duration and does not impose an should be brief in duration and does not impose an obligation on the detained individual to answer questions obligation on the detained individual to answer questions posed by the police…..” posed by the police…..”

R v. MannR v. Mann, supra, at para. 40, 45., supra, at para. 40, 45.

CharterCharter Right Breach - Charged Right Breach - Charged

If you are charged and one or more of your If you are charged and one or more of your Charter Charter rightsrightshave been breached, the evidence of the offence may behave been breached, the evidence of the offence may beexcluded from the trial against you.excluded from the trial against you.

Examples:Examples:

Pot found in your pocket after an illegal search is excluded.Pot found in your pocket after an illegal search is excluded.

CPIC records indicating you breached curfew are excludedCPIC records indicating you breached curfew are excludedafter an illegal detention.after an illegal detention.

Charter Charter Right Breach - No ChargeRight Breach - No Charge

Bring an action in court for damages when a Bring an action in court for damages when a CharterCharterright is breached.right is breached.

““An award of damages may be an appropriate remedy for aAn award of damages may be an appropriate remedy for abreach of breach of CharterCharter rights, where the circumstances warrant it and rights, where the circumstances warrant it andthe court considers it appropriate”. the court considers it appropriate”.

Heroux v. Toronto Police Services BoardHeroux v. Toronto Police Services Board, [2006] O.J. No. 5190 (Ont. S.C.J., , [2006] O.J. No. 5190 (Ont. S.C.J., Small Claims Court) at para. 4.Small Claims Court) at para. 4.

Helpful to your claim:Helpful to your claim:• proof of damage (calculated), evidence of personal proof of damage (calculated), evidence of personal

suffering, indignity;suffering, indignity;• proof of police bad faith or reckless behaviour.proof of police bad faith or reckless behaviour.

Civil SuitCivil Suit Unlawful arrest or imprisonmentUnlawful arrest or imprisonment Assault/batteryAssault/battery Conversion of propertyConversion of property Negligence, duty of care, breach of standard, Negligence, duty of care, breach of standard,

damagesdamages

Defence- Legal authority within the Defence- Legal authority within the Criminal CodeCriminal Code(s. 25- force, s.494 – arrest)(s. 25- force, s.494 – arrest)

Small claims ($25,000 or under) Small claims ($25,000 or under) or Superior Court jurisdictionor Superior Court jurisdiction

2 year time limit2 year time limit

Human RightsHuman Rights Complaints for discrimination in service filed and heard through Complaints for discrimination in service filed and heard through

the Human Rights Tribunal of Ontario – the Human Rights Tribunal of Ontario – www.hrto.cawww.hrto.ca

Grounds of discrimination – eg’s: race, ancestry, place of origin, Grounds of discrimination – eg’s: race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, colour, ethnic origin, citizenship, creed, sex, sexual orientation, disability, age (18 and over), marital status, and family status.disability, age (18 and over), marital status, and family status.

One year limitation period from alleged discriminatory act; if One year limitation period from alleged discriminatory act; if ongoing discrimination (that is, many acts that are “connected” so ongoing discrimination (that is, many acts that are “connected” so as to be considered one act) then one year from date of last act – as to be considered one act) then one year from date of last act – can be more than a year if a compelling reasoncan be more than a year if a compelling reason

Can get assistance at Human Rights Legal Support Centre – Can get assistance at Human Rights Legal Support Centre – www.hrlsc.on.cawww.hrlsc.on.ca

The Human Rights Code allows the Tribunal to dismiss a case if it The Human Rights Code allows the Tribunal to dismiss a case if it deems that the issue has been adequately resolved/addressed in deems that the issue has been adequately resolved/addressed in another official forum and if an issue is currently being pursued in another official forum and if an issue is currently being pursued in another process, the Tribunal proceedings may be deferred until another process, the Tribunal proceedings may be deferred until the other process is completethe other process is complete

Lodge a Complaint - the Lodge a Complaint - the PSAPSA

According to the According to the Police Services Act, Police Services Act, misconduct canmisconduct canbe many things including activities like: be many things including activities like:

• Resigning during an emergency; Resigning during an emergency;

• Contravening regulations relating to equipment or Contravening regulations relating to equipment or standards of dress; standards of dress;

• Engaging in unregulated political activity; andEngaging in unregulated political activity; and

• Committing an offence described in the Code of Committing an offence described in the Code of Conduct.Conduct.

PSA, PSA, s. 80.s. 80.

Making a ComplaintMaking a Complaint Six month time limit (with discretion)Six month time limit (with discretion)

Complaints submitted to the OIPRD about a police force’s policy or Complaints submitted to the OIPRD about a police force’s policy or service or police officer’s conduct are reviewed.service or police officer’s conduct are reviewed.

If a policy/service complaint - referred to to chief of policeIf a policy/service complaint - referred to to chief of police

If officer conduct complaint - either referred to chief of police, If officer conduct complaint - either referred to chief of police, another chief of police, or retained by the OIPRD another chief of police, or retained by the OIPRD

Complainant must be a) directly affected b) physically present c) Complainant must be a) directly affected b) physically present c) have personal relationship and suffered harm or d) have knowledge have personal relationship and suffered harm or d) have knowledge and compelling evidence of misconduct.and compelling evidence of misconduct.

PSA,PSA, ss.22-26, 57-98, and 113. ss.22-26, 57-98, and 113.

Investigating ComplaintsInvestigating Complaints The The PSAPSA gives the police commission, police services, police gives the police commission, police services, police

boards, the OIPRD, and the SIU power to investigate and boards, the OIPRD, and the SIU power to investigate and unsatisfactory work or misconduct of police services or individual unsatisfactory work or misconduct of police services or individual police officers. police officers.

60 day notification period + 30 day appeal. Required written report, 60 day notification period + 30 day appeal. Required written report, informal resolution option, option for review by OIPRD.informal resolution option, option for review by OIPRD.

Remedies to complaints may include discipline against an Remedies to complaints may include discipline against an officer, a local resolution option, or other remedies officer, a local resolution option, or other remedies suggested by the OIPRD, Commission, Board, or Chief of suggested by the OIPRD, Commission, Board, or Chief of Police.Police.

PSA,PSA, ss.22-26, 57-98, and 113. ss.22-26, 57-98, and 113.

Sanctions for MisconductSanctions for Misconduct• If there is clear and convincing evidence of officer misconduct or If there is clear and convincing evidence of officer misconduct or

unsatisfactory work performance, a police service board or police unsatisfactory work performance, a police service board or police commission may take certain actions against an individual officer including: commission may take certain actions against an individual officer including:

• Dismissal;Dismissal;• Suspension;Suspension;• Demotion;Demotion;• Reprimand;Reprimand;• Directions for counselling, treatment, or training, or other Directions for counselling, treatment, or training, or other

sanctions.sanctions.

The OIPRD has discretion to take over the investigation of complaints, The OIPRD has discretion to take over the investigation of complaints, direct a complaint to be dealt with in a specified way as it considers direct a complaint to be dealt with in a specified way as it considers necessary in the circumstances.necessary in the circumstances.

PSA PSA ss.25, 66, 69, 71-3, 82-90.ss.25, 66, 69, 71-3, 82-90.

Advocacy Projects/Lobby for Advocacy Projects/Lobby for ChangeChange

Discussion with OIPRD, Police Discussion with OIPRD, Police Service, or the Police Services BoardService, or the Police Services Board

Youth and Police Advocacy Working Youth and Police Advocacy Working GroupGroup

Affidavit ProjectAffidavit ProjectU-tube video, newspaper articleU-tube video, newspaper articleSupport groupsSupport groups

Protecting Against Negative Police Protecting Against Negative Police InteractionsInteractions

Agency level Agency level – Document negative interactions with the police.Document negative interactions with the police.– Open a dialogue with the local division.Open a dialogue with the local division.– Make a joint policy that respects the Constitution. Make a joint policy that respects the Constitution.

Individual level Individual level – Document negative interactions with the police.Document negative interactions with the police.– Be polite.Be polite.– Ask if you are free to go?Ask if you are free to go?– If not, ask, why?If not, ask, why?– If you are not free to go, ask to speak to a lawyer.If you are not free to go, ask to speak to a lawyer.– If being searched say, ‘I don’t want to be searched’.If being searched say, ‘I don’t want to be searched’.

If injury or damage occurs, take photographs immediately If injury or damage occurs, take photographs immediately – you never know when you may need them– you never know when you may need them

Useful ResourcesUseful Resources• Local Legal Aid ClinicLocal Legal Aid Clinic

(416) 598-0200 (416) 598-0200 If you call Legal Aid Ontario, they will redirect you to your local legal aid clinicIf you call Legal Aid Ontario, they will redirect you to your local legal aid clinic

• Office of the Independent Police Review Director (OIPRD)Office of the Independent Police Review Director (OIPRD)655 Bay Street, 10th Floor, Toronto, Ontario, M5G 2K4655 Bay Street, 10th Floor, Toronto, Ontario, M5G 2K4Tel: 416-246-7071, Toll-free: 1-877-411-4773, TTY: 1-877-414-4773Tel: 416-246-7071, Toll-free: 1-877-411-4773, TTY: 1-877-414-4773Fax: 416-327-8332, Toll-free fax: 1-877-415-4773, Fax: 416-327-8332, Toll-free fax: 1-877-415-4773, Website: Website: www.oiprd.on.cawww.oiprd.on.ca

• Scadding Court Community CentreScadding Court Community Centre – Community Education and Access to Police Complaints (CEAPC), – Community Education and Access to Police Complaints (CEAPC), Contact - Susanne Burkhardt Contact - Susanne Burkhardt 707 Dundas St. West, Toronto, Ontario M5T 2W6707 Dundas St. West, Toronto, Ontario M5T 2W6Phone: 416-392-0335; Fax: 416-392-0340 Phone: 416-392-0335; Fax: 416-392-0340

• Small Claims CourtSmall Claims Court 47 Sheppard Ave. East, M2N 5N1, 47 Sheppard Ave. East, M2N 5N1, Tel: 416.326.3554 (Duty Counsel- Tuesdays and Thursdays, 9-4:30)Tel: 416.326.3554 (Duty Counsel- Tuesdays and Thursdays, 9-4:30)

• The Human Rights Tribunal of OntarioThe Human Rights Tribunal of OntarioTel: 416-326-1312 or 1-866-598-0322, http://www.hrto.ca/Tel: 416-326-1312 or 1-866-598-0322, http://www.hrto.ca/

• The Human Rights Legal Support CentreThe Human Rights Legal Support CentreTel: 416-314-6266 or 1-866-625-5179, http://www.hrlsc.on.ca/Tel: 416-314-6266 or 1-866-625-5179, http://www.hrlsc.on.ca/

Johanna MacdonaldJohanna MacdonaldStreet Youth Legal Services LawyerStreet Youth Legal Services Lawyer

Justice for Children and YouthJustice for Children and Youth

1203-415 Yonge Street1203-415 Yonge StreetToronto, ON M5B 2E7Toronto, ON M5B 2E7

Tel: 416.920.1633 cell: 416.262.0995Tel: 416.920.1633 cell: 416.262.0995

macdonaj@lao.on.camacdonaj@lao.on.ca

Case study #1 - TTC MishapCase study #1 - TTC Mishap You are 16 years old, and last night you were hanging out with friends. You are 16 years old, and last night you were hanging out with friends.

Taking the TTC home, your friend didn’t have enough money for the fare. Taking the TTC home, your friend didn’t have enough money for the fare. Your passed back your pass, and the conductor took it from the friend. You Your passed back your pass, and the conductor took it from the friend. You went back, paid the fare for your friend, and asked the Conductor for your went back, paid the fare for your friend, and asked the Conductor for your pass back. The conductor wouldn’t give it to you, and called the police. pass back. The conductor wouldn’t give it to you, and called the police.

The police came and asked your name. You gave it and then checked your The police came and asked your name. You gave it and then checked your name on the police database (CPIC). The said, ‘I see you have a record for name on the police database (CPIC). The said, ‘I see you have a record for theft under from a year ago!’. They put handcuffs on you and pushed your theft under from a year ago!’. They put handcuffs on you and pushed your around into the corner. They started writing a ticket for the TTC offence. around into the corner. They started writing a ticket for the TTC offence. When you asked to get the handcuffs looser, they tightened them. It hurt. When you asked to get the handcuffs looser, they tightened them. It hurt. The police dumped all of the belongings from you bag onto the floor. They The police dumped all of the belongings from you bag onto the floor. They took the handcuffs off and made you pick up all of your belonings and put took the handcuffs off and made you pick up all of your belonings and put it into your bag. They also made you put garbage that was on the ground it into your bag. They also made you put garbage that was on the ground into the bag. The whole thing lasted about 25 minutes.into the bag. The whole thing lasted about 25 minutes.

You had a cellphone on you and took pictures of the bruises that were left You had a cellphone on you and took pictures of the bruises that were left on your arms from the officers pushing you, and from the handcuffs.on your arms from the officers pushing you, and from the handcuffs.

You don’t want to pay the ticket, and you are mad about how the cops You don’t want to pay the ticket, and you are mad about how the cops treated you. What should you do?treated you. What should you do?

Case study #2 – At the ShelterCase study #2 – At the Shelter You are a staff at a youth shelter. Over the past six months, You are a staff at a youth shelter. Over the past six months,

officers from the local division and from TAVIS have been coming officers from the local division and from TAVIS have been coming to the shelter asking to investigate crimes with the youth who live to the shelter asking to investigate crimes with the youth who live there. Sometimes they have a warrant for arrest, sometimes they there. Sometimes they have a warrant for arrest, sometimes they don’t. don’t.

When the police come in and ask questions, the youth usually When the police come in and ask questions, the youth usually answer all the questions asked and let their pockets be searched. answer all the questions asked and let their pockets be searched. Often, a few of the youth are arrested after being questioned and Often, a few of the youth are arrested after being questioned and searched. searched.

You want to help enforce the law and protect victims, but you are You want to help enforce the law and protect victims, but you are worried about the youth’s worried about the youth’s Charter Charter rights and rights to privacy.rights and rights to privacy.

You’re not sure about what exactly the law says or if there are set You’re not sure about what exactly the law says or if there are set procedures at your shelter for dealing with this stuff. procedures at your shelter for dealing with this stuff.

What should you do?What should you do?

Case study #3 – ViolatedCase study #3 – Violated You are a social worker and today one of your clients (living You are a social worker and today one of your clients (living

rough) tells you that he is stopped by the police on a regular basis. rough) tells you that he is stopped by the police on a regular basis.

He hasn’t been charged with anything, but the stops have He hasn’t been charged with anything, but the stops have escalated so to happen about one time per week in the last escalated so to happen about one time per week in the last month. Last week, a female cop looking for drugs in a park pulled month. Last week, a female cop looking for drugs in a park pulled down his pants while on a park bench and touched his genitals down his pants while on a park bench and touched his genitals when she did so. when she did so.

The number of incidents and especially the most recent one is The number of incidents and especially the most recent one is affecting your client’s emotional wellbeing. He feels violated, and affecting your client’s emotional wellbeing. He feels violated, and nervous to walk down the streetnervous to walk down the street

What should the client do?What should the client do?

How can you help?How can you help?

Case study #4 - HurtCase study #4 - Hurt You are 22 years old and live in a rooming house. You were diagnosed as You are 22 years old and live in a rooming house. You were diagnosed as

‘bipolar’ a few years ago, but you don’t always take medication.‘bipolar’ a few years ago, but you don’t always take medication.

One evening six months ago you were sitting on the sidewalk the corner of One evening six months ago you were sitting on the sidewalk the corner of Queen St. W. and Spadina, panhandling with friends. Two cops came up Queen St. W. and Spadina, panhandling with friends. Two cops came up and started to give a ticket to you. You got mouthy (you don’t usually, but and started to give a ticket to you. You got mouthy (you don’t usually, but find you can act weird when not on medication for bipolar), saying you find you can act weird when not on medication for bipolar), saying you weren’t doing anything wrong. You insulted and swore at one of the cops, weren’t doing anything wrong. You insulted and swore at one of the cops, and your friends laughed. and your friends laughed.

The one cop got angry back, called you a bunch of names and kicked at The one cop got angry back, called you a bunch of names and kicked at your blankets near where your dog was lying.your blankets near where your dog was lying.

You got angry. The cop could have hurt your dog. You got up to hit the You got angry. The cop could have hurt your dog. You got up to hit the cop.cop.

Before you could hit the cop, he grabbed both your arms and threw you to Before you could hit the cop, he grabbed both your arms and threw you to the ground. The cop then dragged you to the alley near Youthlink. You the ground. The cop then dragged you to the alley near Youthlink. You were yelling and trying to hit him. Once in the alley, the cop started hitting were yelling and trying to hit him. Once in the alley, the cop started hitting you, punching you in the stomach. You remember one hit on your head, you, punching you in the stomach. You remember one hit on your head, and then blacked out. You woke in the hospital with bruises everywhere.and then blacked out. You woke in the hospital with bruises everywhere.

Since the incident, you are having frequent headaches and are having Since the incident, you are having frequent headaches and are having trouble remembering things. What should you do? trouble remembering things. What should you do?