How to Use a “Notice of Intent” Warning to Protect Your Charter Rights from Police Visits
In Canada, section 2(b) of the Canadian Charter of Rights and Freedoms protects your freedom of expression—including speech, signs, symbols, recordings, and criticism of government or police—especially on your private property. The Canadian Bill of Rights also reinforces freedom of speech protections.
However, some people experience repeated police attendance at their home over protected speech-related matters. One practical step many take is handing officers a clear written warning / notice of intent. This document puts police on formal notice that you view certain actions as potential Charter violations and intend to pursue civil remedies if they continue.
Important Disclaimer: This is not legal advice. I am not a lawyer. This notice has no magical power to stop police—it is simply evidence that you clearly communicated your position in advance. It does not start a lawsuit. Only filing a proper Statement of Claim in court (e.g., Court of King’s Bench in Alberta) and serving it correctly does that. Consult a lawyer or Legal Aid Alberta for your specific situation.
What This Notice Actually Does (Realistically)
- Creates a paper trail showing you warned officers about Charter concerns.
- May deter unnecessary or pretextual visits (some officers think twice when documented).
- Can support a later Charter damages claim under s. 24(1) if violations occur.
- Helps prove awareness of rights during any future interaction or proceeding.
It will not prevent lawful police action (e.g., with a warrant, exigent circumstances, or investigating a real crime in progress).
Step-by-Step: How to Prepare and Use the Notice
- Download or Copy the Template Use the fill-in-the-blank version (available in my previous messages or saved separately). Customize it with your real details.
- Fill in the Blanks
- Officer’s name and badge number (if known—leave blank if not).
- Police service (e.g., Calgary Police Service).
- Your full address.
- Your name and signature.
- Date.
- Print Multiple Copies Print at least two: one to hand over, one for your records. Consider laminating a posted version for your front gate or door (remove personal details if posting publicly).
- When to Use It
- If police attend your property over speech-related issues.
- Hand it directly to the officer(s) while calmly explaining: “I am serving you with this written notice of my position regarding my Charter rights.”
- Record the interaction (legal on your property when police are present).
- Ask them to sign/acknowledge receipt on your copy (most won’t—note the refusal and time/date on your copy).
- After Handing It Over
- Keep detailed records: date, time, officers’ details, what was said.
- Store copies safely (digital scan + physical).
- If similar visits continue, contact a lawyer immediately to discuss filing a civil claim for Charter damages.
- Request body-cam / in-car video footage in writing (under freedom of information rules) as soon as possible.
Additional Tips
- Stay calm and polite when handing it over—hostility can be used against you later.
- Video from a safe distance if possible (your Charter-protected right).
- If you feel unsafe, call a trusted person or lawyer during the interaction.
- Posting a similar (less personal) version near your entrance can serve as ongoing notice to any officer who approaches.
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