Under the Reopening Ontario Act, bylaw O. Reg. 364/20, business owners are being instructed to act as public officers for law enforcement.
The Trespass Act is very clear and concise unlike many other pieces of legislation, and there is not much left to interpretation. IF you are in a place of business and you are asked to leave - UNDER ANY CIRCUMSTANCES, RIGHT OR WRONG - you need to leave. If you do not, you can be fined and/or charged.
Here is the section that covers this in the Act:
"Trespass an offence
2 (1) Every person who is not acting under a right or authority conferred by law and who,
(a) without the express permission of the occupier, the proof of which rests on the defendant,
(i) enters on premises when entry is prohibited under this Act, OR
(ii) engages in an activity on premises when the activity is prohibited under this Act; OR
(b) does not leave the premises immediately after he or she is directed to do so by the occupier of the premises or a person authorized by the occupier,
is guilty of an offence and on conviction is liable to a fine of not more than $10,000. R.S.O. 1990, c. T.21, s. 2 (1); 2016, c. 8, Sched. 6, s. 1."
Note the "ORs" and note item "(b)".
Nowhere does it note any provisions of you staying if your rights are being violated... etc, etc, etc.
If you are being asked to leave a business such as a store, a restaurant, etc, then you do not have any rights to stay. The role of the police is to not make a judgement on whether your rights are being violated. Their role in that moment is to keep the peace.
If you are being denied entry for the pass or for not wearing a ma$k, the the following applies, and is your defence in court or in serving an NOL:
Enforcement of ALL laws in Canada is federally regulated through the Criminal Code of Canada (CCC) as per section 25(1). Therefore, all enforcement of law by any private person, peace officer, public officer or by virtue of his/her office, therefore, must regard by provisions of the Canadian Bill of Rights.
If a store owner enforces bylaw O. Reg. 364/20, as stated
this would be a violation of the following criminal code sections; CCC 265(1), (3) - Assault, CCC 346(1) - Extortion, CCC 264.1(1) - Uttering Threats and/or CCC 319(1) Public Incitement of Hate.
Furthermore, enforcement of this bylaw as stated, is in violation Bill of Rights, sections 1(a) the right of the individual to life, liberty, security of person (privacy and informed consent), 1(b) the right of the individual to equality before the law and the protection of the law.
Enforcing the va-ks pa$$ bylaw, as stated, would be breaking the law and is in violation of the Canadian Bill of Rights.
The defence is not your right to privacy, or that you are doing business in the establishment. You will not win the battle with this... not in the moment, and not in the courts.
Be safe friends... no one needs a ticket or a criminal charge for this. This is not how we create change, it's how we continue the divide and make enemies.
Watch this great video by Jane Scharf that breaks it all down.
While a business is an implied public space, businesses owners can refuse entry to peace officers. Place this sign on all entrances of your business. If a peace officer enters, refer them to the sign and politely let them know they are trespassing and ask them to leave.
If they need to speak with you, you can meet them outside or ask them to leave their business card and you can call them.
Download the sign here: https://drive.google.com/file/d/1qoQJAgfZxdg6u4j2-sqNdwcEh6RhnYiS/view?usp=sharing
Place this sign in your storefront window to let patrons know you are choosing to respect their rights, while not offending or calling attention to those who want the vaxx passport.
The sign includes the information regarding YOUR legal obligation to uphold the Bill of Rights and the law.
We have also included a script for public officers that provides much more detailed version of the legal obligations of the business owners when acting as law enforcement. And there is a script for asking the vaxx passport question that is respectful of privacy and in accordance with the bylaw and the law.
Download the docs here:
We have created this package for small businesses that includes all the information and NOL templates to serve the NOL and follow-through to remedy.
The package includes the following documents:
1. NOL guide/overview
2. Small business NOL for public officers enforcing the vaxx passport
3. Affidavit to serve with the NOL
4. Final invoice for after the rectification period has expired
Download the package here: https://drive.google.com/drive/folders/1mL2KawZ4qVtCAEGVrdrA4-7DnILkpaBx?usp=sharing