Jan 27, 2014
Police are tricking sex workers who advertise on bp in Ottawa and Kingston. As well, there are preliminary reports of it happening in Toronto and it may well be happening in other Ontario regions.
According to Nikki Thomas, Ottawa area under covers are using these numbers: "613-818-3829, 613-857-5459, 613-277-7647 (and likely others). They are booking calls under false pretences using the name "John"". Police arrive in teams of up to four officers, search residences, demand ID and collect data on the worker.
A reminder: you do not need to allow police into your residence or show identification (see below for details).
They claim this is to "combat trafficking" but this is a cynical and callous cover for an attack on sex workers.
If you have been contacted by police in your area, please notify Maggie's at 416-964-0150 or [email protected]
Below is a guide to your rights under the Canadian Charter of Rights and Freedoms
Under the Canadian Charter of Rights and Freedoms, you are protected from arbitrary and unreasonable exercise of police power, such as illegal searches and unlawful intrusions into our privacy.
Please note: these are formal rights. There may be a myriad of factors that influence a workers desire or ability to assert their rights in any given situation. Further, while these rights are in place for a reason, fully cooperating with the police is a valid strategy to minimize harm. We encourage workers to get informed as to what their rights our, using the info in the best way they see fit.
Identification: you are not required to provide any information, including your name or address, to police unless you are under arrest, driving a car, or being issued a ticket for breaking a by-law. As well, you have the right to remain silent. If you are stopped or the police show up to your home you can provide them with ID if you want to be polite, but it is not required by law.
You can ask, "Am I free to go?" If the answer is no, then ask, "Am I under arrest?" If you are under arrest you have the right to call or speak with a lawyer. As well, can in form the police of your right to remain silent by saying, "I want to remain silent."
Small talk is ok, but do not provide them with any information or answer questions, even if you think it will help you case or get you off. The best course of action is to go through the arrest process and allow a lawyer to provide information regarding your side of the story in court.
If the police show up to your location you have the right to privacy
Location includes: a residence, private office, hotel room or trailer.
The police are only allowed to enter and search your location with a warrant; however, there are some instances where the police can search your location without a warrant. These include: with your permission, situations where the police are chasing a suspect and the suspect enters your home, as well as, when the police believe someone is in immediate danger (i.e responding to a 911 call), they have reason to believe evidence of a crime will be destroyed, or they are arresting you or someone who lives in your residence.
You have the right to deny police entry, but they may force entry if they have a warrant or reasonable cause based on any of the above factors. Additionally, they may force entry regardless of whether their reasonable cause is valid, and they may detain you while they conduct their search. If this happens remain silent and get out of they way.
Regardless of whether you are arrested or not, request to call or speak with a lawyer, especially if you believe the search was unlawful or that the police did not have reasonable cause to search your location.
If the police obtain evidence during the search and ask you about, remain silent. There are many factors that can make a legal search unlawful for breaching the Charter. For example, if the police do not carry out the search in a reasonable manner i.e by pushing you out of the way for no reason, or the reasonable cause they are relying on to search your location is in fact un-reasonable. If this is the case there is a chance the evidence they find will not be used against you in court and you do not want to admit to anything. Any thing you say can be used against you.
In most cases it is important to assert your rights with respect to police powers; however, not providing ID or denying police entry can result in police misconduct. The police may force their way in, tackle you to the ground etc. If this happens contact a lawyer immediately. Again, cooperating with the police is a valid strategy to minimize harm.
If you need the name or number of a sex work positive lawyer contact us at [email protected]
If your matter is urgent you can find a lawyer by visitinghttp://www2.lsuc.on.ca/LawyerParaleg...tory/index.jsp
or calling 1 (800) 20TOLAW
or visit a Toronto legal clinic:
http://www.parkdalelegal.org/
http://dls.sa.utoronto.ca/
http://www.nlstoronto.org/contact-us.html
For further information regarding your rights or if you have been subject to an unlawful search or police misconduct please contact [email protected]
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