Civil Law Questions

 

Homeless Rights Street Sheet: Know your Rights

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Contents

My Rights- Police

My Rights- Security Guards

My Rights- Sleeping Outside

My Rights- My Children

My Rights- Asking for $$, and hanging out (loitering)

My Rights- Income Assistance (welfare, disability)

How to Get Help or More Information

 
 

 My Rights - Police

When police approach you: STAY CALM, BE NICE, AND REMEMBER:

  1. You only have to give your name and birth date.  You do NOT have to talk to the police, you do NOT have to anwer any questions until after you speak with a lawyer.
  2. You have a right to know the police officer's name and badge number.  They have cards with this information, and you can ask to have one to help you remember.
  3. Police are not allowed to abuse, threaten, or treat you badly for any reason.
  4. You have a right to make a complaint about the police. (See "how to get help.")
  5. Police CANNOT search you or take your stuff if they are NOT arresting you.  You can stay calm, SAY NO, and tell police you don't want to be searched.
  6. If police arresting you, they have to tell you why.  You have a right to know.
  7. If you are arrested, police have to let you speak to a lawyer.  There are free lawyers for you to speak to.

  

When can I sue the police?

You have a right to sue if the police: searched, arrested, or detained you (you were 'jacked up') without a legal reason; took your stuff, damaged it, destroyed it without a legal reason; or used more force against you than they needed.

 

What is 'more force'?

You can't sue the police if they have only sworn at you or yelled at you.  You can't sue the police if you see them doing something wrong to someone else.

 

To sue to police, they must have, without a legal reason: physically hurt or threatened to hurt you; used their police power to stop you from doing something you want to do- like stay silent or leave; taken or damaged your stuff.

 

Limitations you may face when suing the police.

  1. Cost: In order to sue the police you will need to pay a lawyer to take your case to court.  This can be very expensive.
  2. Credibility:  When you sue the police, it will be your story of what happened against their story of what happened.  It can be difficult to have a court believe your story over the police.

** See Student Legal Services pamphlet 'How to Initiate a Complaint Against the Edmonton Police Services.'

 

My Rights - Security Guards

  1. Security guards work for private buisnesses or stores. They are allowed to ask you to leave, remove you, or ban you.  They have to treat you fairly and give you a reason why they are making you leave.
  2. Security guards have to treat everyone equally. You can ask for a security guard's name and who they work for, and make a complaint. (See "how to get help")
  3. You DO NOT have to give a security guard any information, not even your name.
  4. A Security guard CANNOT bother you ifyou are outside, like on the sidewalk in front of their store on in the alley out back.
  5. A security guard can ONLY arrest you if they see you taking something, hurting someone or committing other crimes like running from the police. Security guards can hold you until the police come.
  6. Security guards can ONLY search you if they arrest you. If you are NOT under arrest, you can say NO. You do NOT have to let a security guard search you.
  7. Security guards can ONLY pat search you. They CANNOT search your bags or other belongings without you saying it's ok.

 

My Rights -Sleeping Outside

Private Property

  • If  you have a friend or family with a house or land, you can camp anytime they let you.
  • If you camp on private property without permission, this is illegal. You can be asked to leave and/or charged for trespassing.

Public Property

  • As a general rule camping on public property, like in a park or on the street, is against the law and you can be ticketed and asked to leave
  • If you are camping in public and get a ticket or are arrested for doing so, please seek legal advice. There are situations, like when you have no other options, where camping in public may be permitted.

 

My Rights -My Children

This is a complex area of the law. If you have had your children removed, are dealing with a custody dispute, or are not getting the child support you feel you are entitled to please see the resource page and contact a lawyer or the Family Law Informaiton Center for advice.

 

My Rights -Asking for $$, and hanging out (loitering)

Asking for money

On PUBLIC property remember:

  • be respectful, nice, polite, and DON'T get into fights or argue with people
  • In general you have a right to ask for money on public property
  • You DO NOT have a right to harass people-- you can ask for money once, don't touch people, follow people, or continue to ask after they say no
  • DO NOT ask for moeny in a way that blocks the sidewalks or road (for example: standing in fornt of a store enterance)
  • DO NOT ask for money on city transit (LRT, buses, or transit stations). You may be fined $50 for doing this.
  • You DO NOT have a right to "disturb the peace or enjoyment" of other people or "interfere with any events" in public parks. Asking for money may be considered a disruption and you may be fined up to $100.
  • If you are caught harassing people or blocking traffic, you may be fined up to $250.

 

You DO NOT have a right to aks for money on PRIVATE property without permission. Parking lots are often privately owned. You can be ticketed and charged for trespassing if you are caught on private property without permission.

 

Hanging out (loitering)

  • It is against the law to loiter on PUBLIC property; loitering means "lack of purposeful activity." This means you CANNOT hang out when you have no reason for doing so, BUT if you are waiting for a friend, for example, then you have a reaons; seek legal advice if you are ticketed.
  • If is against the law to loiter on transit (bus, LRT) or in transit stations. Loitering here means you CANNOT  stay in a station longer than you need to catch your next bus or LRT, or ride the bus or LRT longer than you need to get to your stop.

 

My Rights --Income Assistance (welfare, disability)

  • You have a right to collect money to help you meet your basic needs like food, clothing, shelter, and health care.
  • You have a right to collect extra assistance if you have a disability. A disability may include: long term unemployment, HIV, HEP C , TB, depression, schizophrenia, and other mental health disabilities and physical disability.  You will need to speak with your doctor or psychiatrist about applying for disability.
  • If you are in a financial emergency and desperately need money to cover your rent or for food, you cna ask your worker for an "Emergency Needs Assessment." You worker has the ability to give you money for emergency sitatuions.
  • If you have applied and been denied you have a right to appeal this decisoin. See the resources page to get help and more information on income assistance.

How to Get Help or More Information:

Legal Services

Student legal Services                                 780-429-2226

Legal Aid                                                         780-427-7575

Edmonton Community Legal Center        780-702-1725

Family Law Info Center                                780-415-0404

John Howard Society                                   780-428-7590

Elizabeth Fry Society                                     780-427-2681

 

Health Services

Boyle McCauley Health Center                  780- 422- 7333

** You can get help here without a health care card.

** Needle exchange cavailable

 

Income Assistance and Disability

Workers' Compensation Board                  780- 498- 8640

AB Works Contact Center                          1-866 -644- 5135

Edmonton North AB Service Center          780- 415- 8116

Edmonton West AB Service Center           780- 415- 6500

Edmonton South AB service Center          780- 644- 2888