Know Your Rights

A Toolkit for 2SLGBTQ+ Folk to in Navigating Youth, Healthcare and Criminal Justice Issues.  Know Your Rights is a collaborative project between the Kamloops Pride Association and Pro Bono Students Canada, Thompson Rivers University Law School chapter.

Disclaimer

Know Your Rights does not constitute legal or medical advice. Please consult a lawyer for legal advice or a doctor to discuss for tailored medical advice. The information contained herein was up to date as of [DATE]. This is a fast-evolving area of law and policy; therefore some content, forms, or appendices may be out of date. Links and resources have been provided to ensure that readers can still access the most up to date content.

Content Warning

Some of the content contained in this document may be triggering as it discusses instances of negative interactions by 2SLGBTQIA+ folks with institutions and close, familial relationships.

Thanks

Know Your Rights would like to thank the lawyer who supervised and reviewed the project. The project was completed by Thompson River University Law students, their names and graduation years are as follows: Alexandra Comber (2021), Sydney Snape (2022), Abbey Fortin (2023) Erin Pillipow (2023), Katelyn Chaudhary (2023), and William Clark (2023)

Criminal Justice

 

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WHAT ARE MY RIGHTS IF AN OFFICER APPROACHES ME ON THE STREET?

The Charter of Rights and Freedoms protects citizens from certain arbitrary state action. Section 9 protects people from arbitrary arrest or detainment. This means that unless you are being detained or arrested, you do not have to let police search you or your possessions.

 

   Canadian Charter of Rights and Freedoms, Section 9  

WHAT ARE MY RIGHTS IF I AM APPROACHED WHILE SLEEPING IN MY CAR?

If you are in an area with a bylaw restriction against sleeping in your car, you may have to show ID so they can write you a ticket, you may also be asked to leave the premises.
If you are homeless, the City of Kamloops outlines shelter resources that are available, including the Emerald Center Emergency Shelter, and the Mustard Seed Kamloops Outreach Centre.

https://www.kamloops.ca/sites/default/files/docs/our-community/scd_shelterresourceflatsheet_8-5x11_nov2019_final.pdf

 

Additionally, the City of Kamloops notes the Vulnerability Assessment Tool (VAT) can provide a consistent and fair way of identifying adults that can benefit from supportive housing. The agencies that can administer the VAT in Kamloops are:
ASK Wellness, John Howard Society, LII Michif Otipemisiwak Family and Community Services, Interior Health, The Mustard Seed Kamloops, Elizabeth Fry Society, Canadian Mental Health Association – Kamloops and Safe Spaces.
Due to the COVID-19 pandemic the City of Kamloops outlined rules for temporary overnight shelters. As explained on their website, shelters may only cover an area of less than 10 m2 and must be free of garbage and excessive clutter. There can be no fires or smoking, and the shelters must be detached from other structures. Regardless, it has been held in B.C. that people cannot be restricted from sleeping in parks at night, and that people who are homeless are able to create structures to sleep under, as long as they take them down by morning.
There are also day storage lockers that are free to use to store a single persons belongings at 48 Victoria Street West (Across from City Hall), from Monday to Sunday, between the hours of 11:00am – 5:00pm. Further details can be found via this link: https://www.kamloops.ca/our-community/building-strong-communities/housing-and-homelessness/temporary-overnight-shelters

https://www.kamloops.ca/sites/default/files/docs/our-community/bl_temporaryovernightshelters_webbrochure_11x8-5_apr2020_final.pdf
The areas the Temporary Overnight Shelter Locations can be located are outlined on the map below: https://www.kamloops.ca/sites/default/files/docs/our-community/bl_temporaryovernightshelters_11x8-5_may2018_map.pdf
Additional resources may be found here: https://www.kamloops.ca/sites/default/files/docs/our-community/scd_resourceflatsheet_8-5x11_nov2019_final.pdf

     Trans Rights BC, http://www.transrightsbc.ca/know-your-rights/police-prison-system/

     Victoria v Adam; Abbotsford (City) v Shantz

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WHAT ARE MY RIGHTS IF I AM PULLED OVER WHILE DRIVING?

When you are pulled over, you must show a valid driver's license. You may also be required to show your vehicle registration. In some circumstances, such as an officer suspects you have been drinking and driving, you may be asked for a breath sample, and if you refuse to do so, you may be arrested.4

  • Note: Generally, you can ask for an officer’s name, badge number and information

  • Note: If your license does not correspond with your gender identity, you may be required to explain this to the officer

  • Note: You may call 911 if you are being pulled over by an unmarked police car to ensure that you are being pulled over by an officer

    Trans Rights BC, http://www.transrightsbc.ca/know-your-rights/police-prison-system/

Healthcare

 

Youth Healthcare

 

Youth

 

Appendix A: Definitions

 

Appendix B: Resources

 

Appendix C: Forms

 

Appendix D: The Human Rights Complaint Process for Transgender People in BC

 

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