How do you protect yourself from the police?
On April 24, while at home with his girlfriend, Lloys Chatel-Elie, 25, received a visit from the SPVM, which was called in for an illegal rally. Lloys opens the door by filming the intervention with his phone. “They told me that they had received a complaint about a party,” he said. Lloys decides to cooperate with the three agents, whom he invites into his home. “I told them there was no party, that it was just me and my girlfriend, and I invited them to come in to check,” he explains.
But the situation is rapidly escalating. In an excerpt from the video, we hear the police asking Lloys to show them his identity documents. The latter therefore suggests that the agents leave his house so that he gives them his identity documents outside.
The police officers present, who allegedly refused to identify themselves, then made a forceful arrest. Lloys is injured in the head during the procedure. The young man remains scarred by the incident. Since then, he has avoided coming into contact with peace officers. “I just want to have nothing to do with them,” he says. SPVM media relations declined to comment on the case.
Police intervention: a few tips
Since the start of the pandemic, several altercations have occurred with the police. How to deal with such a situation? Lloys Chatel-Elie gives us her opinion on how to react in the event of arrest in order to reduce the risks of police brutality.
Echoing this, Fo Niemi, co-founder and executive director of the Center for Research-Action on Race Relations (CRARR), offers advice on how to behave during an intervention to avoid danger as much as possible.
Call a loved one
There may be no witnesses on site when the police intervene. “If you are alone, call a loved one on your cell phone and leave the line open throughout the intervention so that the person can hear the conversation,” recommends Mr. Niemi. “When you are alone, you are completely at the mercy of the police. It is then more difficult to prove your version of events if there is no witness,” he adds.
Log in
If the police ask for identification, or car papers if you are on the road, Mr. Niemi suggests providing them immediately. “Under the Highway Safety Code, and under the Criminal Code of Canada, if you refuse to present your papers, if you refuse to present your papers, you risk being charged with obstructing police work.
It's a criminal charge, he recalls. If you don't respond to officers' requests, or if you speak aggressively, you may offend their ego and run into problems.” Mr. Niemi adds that in the event of a roadside intervention, only the driver of the vehicle is required to identify himself and provide his papers. “Passengers are not required to present identification documents, unless it is for the purpose of drawing up a statement of offence.
For example, if you are a passenger and you are not wearing your seat belt, you may be fined. However, some police officers ask for them from everyone in order to obtain information about the passengers in the vehicle, especially when they are young black men. That's illegal,” he said.
Limit questions
When dealing with the police, Mr. Niemi recommends avoiding arguing with them. People have the right to ask questions, of course, but if the officer is not friendly and doesn't respond, don't question his authority, he says. If you resist repeatedly, the police officer may put you under arrest for obstructing.”
An obstacle is a refusal to comply with an officer's request. “Even if you know that something is illegal or that the law does not require it, do not argue with the police. Provide your identity documents and file a complaint afterwards,” he advises.
Cooperate with agents
According to Lloys Chatel-Elie, in order to avoid any danger, it is better to accede to officers' requests. “You never know with the police, but I think that, if you do what they ask you, in the end, they will have no reason to hurt you.” He also suggests asking the agents for permission before doing something. “If you have to do something, ask them,” he advises.
Filming the scene
When the police came to his house, Lloys started recording their intervention before even opening the door. “It was a good thing that I took out my cell phone first, because they might have thought I had a gun,” he said. Having a video of an intervention can be crucial. However, Mr Niemi reiterates that it is important to observe certain precautions.
“You should not film in such a way as to prevent, compromise or hinder the work of the police,” he explains, adding that it is best not to approach the officers. This advice is also valid if you witness an arrest and want to film it.
Keep your hands uncovered
Police officers usually ask that the hands of their interlocutors be visible at all times. “They don't know what you have on you,” Mr. Niemi said, adding that it is essential to keep your hands out of your pockets. “And if you are stopped on the road, don't get out of your vehicle,” he adds.
Pay attention to your actions
Lloys also recommends avoiding sudden movements. “It's a reason for them to react,” he says. Their excuse is that they feel threatened.” The police can in fact judge that they are in danger and react.
Offer no resistance
“If you are under arrest, don't offer any resistance. People, especially men, tend to defend themselves when handcuffed. It is not recommended because it may make the intervention more violent. The police may also accuse you of resisting arrest, which is another criminal offence.
And if you ever hit or touch a police officer, you may be subject to a third criminal charge, i.e. assaulting a police officer,” summarizes Mr. Niemi. He also explains that, when multiple charges of this type are accumulated, the financial repercussions can be enormous, with proceedings taking months or even years in some cases.
“You will be financially exhausted if you have to pay for a defense lawyer over such a long period of time,” he cautions. It is important to say here that this advice has no legal value: they are simply strategies that an individual wishing to reduce the risk of being a victim of police brutality during an arrest can adopt.
Unfortunately, too often for people of color, being in the right to do the right thing does not prevent racial profiling and police violence, just as following this advice does not guarantee fair treatment by police officers.
Know everyone's rights and obligations
Me Denis Barrette, a criminal lawyer, explains to us that citizens have rights and that police officers have obligations. “The police officer is not an ordinary citizen, and ordinary citizens are told: no one is supposed to ignore the law. The police officer must also know his obligations. We need to make sure he knows them and applies them, he says.
A police officer is a state agent who has a great deal of power. Given the powers he has, he must be trained and well informed of the obligations he has, and his training must be up to date.”
The lawyer then quotes The Charter of Human Rights and Freedoms, which prohibits racial, social, economic, political or other profiling. “In the exercise of his duties, the police officer must absolutely act in accordance with the rules on the subject.” Concretely, as part of a police intervention, there are several things to observe. “It is always better to make sure that everything goes well; we must not forget that the police officer has a firearm, as well as material and physical strength,” reminds Me Hair clip. But if you have been arrested or detained illegally, there are remedies.”
Make good use of your rights
Whatever happens, it is important to know that an individual can exercise their rights. In the event of detention, a police officer has obligations towards the person he is holding. “He must give the right to a lawyer and the right to silence in clear language,” explains Me Barrette. An individual also does not have to answer police questions, unless these questions are used to identify the individual. Police officers are also required to allow a person in their custody to call a lawyer, who will be able to provide legal advice and guidance.
If an individual does not have a lawyer, police officers will use legal aid, bar custody, or other free legal resource, which they will put in contact with the detained person. The conversation between the lawyer and the inmate is confidential.
However, several factors, including the type of offence and the length of detention, must be present in order for an arrested person to call a lawyer.
The obligation to identify yourself
During an intervention, police officers are required to identify themselves. We can therefore ask them to give their names and numbers. This information is also on the badge they are required to wear.
Documenting events
In the event of a police intervention that goes wrong, Me Barrette strongly recommends collecting evidence as quickly as possible. This allows you to write an account of events, record every detail of the harm suffered and take photos — for example, in case of damage —, obtain images collected from a cell phone or surveillance camera, get medical certificates if you have been injured, and communicate with witnesses.
These documents can then be given to the lawyer, presented to a legal aid organization and filed with a police ethics complaint. Me Barrette reiterates the importance of acting as soon as possible. “When someone is a victim of abuse, their first reaction is to take refuge, to try to forget this bad memory and, often, the evidence fades away.”
Quote the reason
“You can't arrest someone for nothing. If you are walking on the street, a police officer must tell you why he is stopping you,” insists Me Barrette. Intervention cannot be done without reasonable cause, even in cases where rights are reduced, for example when driving a car, you must know why you are being stopped. “The police officer is obliged to give the reason for his intervention. It is an obligation, even if we do not ask him to do so,” says the lawyer.
If a person is arrested, the police are legally required to tell them what they are being charged with. And you, have you ever been arrested? Do you have any other suggestions for staying safe during a police intervention?