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Do Not Pass Go.  Do Not Collect $200

Famous words from one of the world's most famous board games.  Not a pleasant thing at any time but for transpeople, running afoul of the law can have some serious implications.

So let us start with Ontario.  Due to a high profile case involving a Human Rights Decision against the Peel Regional Police, it is fair to say that in Ontario, police forces across the province are very sensitive to dealing with transpeople.

If you are arrested you have only to announce that you are transgendered and immediately they will take special precautions.  This means any body search will be conducted appropriate to your gender.  It means that you will not be put into cells with people from the male or female population but put in an isolation cell for your own protection.

Of course the real assurance to avoid this kind of problem is to not be arrested for any reason.  Still, it does happen.  It can be something as simple as being at a party that got out of hand.  You may be an innocent victim but that wont matter.  To the police, that is for the courts to decide.  Or you could be arrested for prostitution and you need to assert your rights from the beginning.  Make it rough for the police and they will gladly reciprocate so your best offense is a good defense.  Be respectful and polite!

Know your rights!  You have certain rights when being arrested and the police have specific responsibilities.

1. Police cannot stop, search or arrest you without a good reason.

2. Police cannot enter your home uninvited without a warrant or unless they are responding to an emergency.

3. You have the right to a lawyer and you have the right to legal advice in your first language.

4. When being arrested, police must say who they are and show you identification.

5. Police must tell you that you are being arrested.

6. Police must tell you why you are being arrested and ensure you understand them.

7. Police may touch you but not harm you.  However if you resist you can be charged with resisting arrest and if you assault an officer you can expect the same in return in order to subdue you as well as additional charges of assault.

8. You must be told you have the right to a lawyer and that you have the right to remain silent.

9. You must supply your name, address and date of birth.

10. You have the right to privacy while you contact a lawyer.

11. You have the right to an interpreter.

12. You must be formally charged and brought before a judge within 24 hours of your arrest or you must be let go.

The Canadian Charter of Rights and Freedoms protects you from arbitrary detention.  You do not have to go with police unless you are placed under arrest.

This information should not be taken as legal advice.  For legal advice, contact a lawyer.

If you do not have a lawyer, you can use the Lawyer Referral Service.  There is no charge for people in crisis situations.  However it is imperative that you find a lawyer who practices law to meet your circumstances.  In other words you wouldn't want a corporate lawyer to represent you in a criminal matter.