Skip to main content

“I am a Canadian, free to speak without fear, free to worship in my own way, free to stand for what I think right, free to oppose what I believe wrong, or free to choose those who shall govern my country. This heritage of freedom I pledge to uphold for myself and all mankind.” ~~ John G. Diefenbaker

KURT PEATS: Does Somebody Have to Die Before the Cops do Something? ... or ... Why Don’t You Go and Catch Some Real Criminals?


We live in a topsy-turvy world.   

Watching the evening news simply confirms that the chimpanzees are indeed in charge of guarding the bananas.  I’ve been a police officer for a quarter of a century and have been called upon to try and settle disputes that took many years to develop.  In fact, most disputes are far more complex than what a 30-second sound bite can possibly convey.   


Did you ever wonder why the cops didn’t act when it is blatantly obvious that a person or a group of persons were breaking the law?  


The job of the police is complicated at the best of times. The officer is called upon to deal with both criminal and civil matters, and sometimes these matters are occurring simultaneously.   On a Saturday night, after dealing with the mud, the blood and the beer, (the criminal law side of the house), the officer will eventually deal with the ensuing family break-up, child custody issues (the civil law side of the house) and the like.

Let me draw back the curtain so that you an take a peek at the various machinations that goes on behind the scenes.

Scenario One:
Someone gets drunk and then decides that he is Rocky and tries to take out the bouncer at the local hotel.  The Queen’s Cowboys are called and Rocky is immediately arrested and spends the night in the Crowbar Hotel ... Easy peasy.   

You break a criminal law and the powers of arrest are clearly defined.  In defining these powers, the Criminal Code of Canada also gives the officer legal authority to use “…as much force as is necessary” in order to effect the arrest.

The police deal primarily with criminal matters, things like assault, theft, break and enters, impaired driving and the like.

It’s when the police are called upon to intervene in “civil matters” the rules are not so clear and in fact, are almost always non-existent.  Most questions arise when police do not, or refuse to take action during high profile events.


Scenario Two (three and four):
Why are “tent cities” allowed to grow on public land that are “obviously” against multiple bylaws?  

Why can workers, who are on strike, block/impede traffic on the road to their workplaces for days on end and the company has to go to court in order to get them removed?   

Why can protestors block a proposed pipeline even after a court injunction is issued?

In civil matters, the police are usually left out of the equation.  But…when police are called to help out, the courts will have to give them direction and guidance (remember...the rules relating to police authority on the civil side of the house are mostly non-existent).

When there is a civil dispute, let’s say between a pipeline company and protestors, this is the usual process that is used to resolve the matter.

The company goes to court and gets an “injunction” against the protestors.  An injunction is “an equitable remedy in the form of a court order that compels a party to do or refrain from specific acts.”  A party that fails to comply with the injunction can be fined, held in contempt, or imprisoned (all to be determined at a later court date).

Once the injunction is issued, it usually gives a set time for compliance.  If there is no compliance, then the company goes back to court and gets an “Enforcement Order.”  This order then authorizes the police to enforce the injunction at their discretion and time of choosing.   

It might take the police a week or two to get enough resources to deal with the matter, to develop a plan and to execute it.  In very rare occasions will the courts issue an injunction and enforcement order at the same time.  This is only done in matters of life and death, weapons present or some other exigent circumstance.

For every rule in law there are multiple exceptions to the rule.  That is why there is no cookie cutter approach to the handling matters of civil disagreement or dispute.  Each side in the dispute lawyers up and face-off in court.  Each side will make their point and counterpoint in hopes that the judge will rule in their favor.

The body of criminal law, civil law, case law and precedent that guides the interaction between these disciplines is vast and limitless.  That is why these laws are always evolving in interpretation, in deployment, in effect and in force. 

That’s how I see it from my side of the fence .... Kurt Peats


Kurt Peats retired from the RCMP in 2011 after serving 25 years with the Force. 
He makes his home in Dawson Creek, and has been married to his junior high school sweetheart for 33.  His oldest daughter is a 9-1-1 dispatcher for the RCMP in Edmonton, and his youngest daughter works at the Louisiana Pacific plant in Dawson Creek. 

In 2013 he ran as a BC Conservative candidate in Peace River South, losing out to the winning candidate by just over 1200 votes.

Comments

  1. This is a very GOOD explanation of the law and in my opinion is the way it should be. There must be check and balances for police during dealings with first nations and those commonly known as tree huggers. The days of running rough shod over protesters is a sad part of a tainted history in Canada.

    ReplyDelete

Post a Comment

Popular posts from this blog

“4.5 million hectares of forest lands have burned since 2023, and the best they can do is point to a 90-hectare block being salvaged?” ~~ Ward Stamer, Kamloops-North Thompson MLA

Today, BC NDP forest Minister Ravi Parmar made this pronouncement; ‘Removing red tape has sped up permitting, allowing for more wood to be salvaged, quicker’. 4.5 million hectares of forest lands have burned since 2023, and the best they can do is point to a 90-hectare block?    ~~ BC Conservative Forests Critic Ward Stamer While acknowledging the NDP government has recognized improvements were needed in permitting and accessing burnt fibre in a timely fashion, the reality is, they are barely making a dent in the problem.  This government's recognition that only seven percent of pulp mill fibre came from burnt timber in 2024-25, quite simply put, is a failure. And the recent announcement, just three weeks ago, that the Crofton Pulp Mill would be permanently closing, is proof of that.     Instead of Premier David Eby’s government addressing core issues being faced by British Columbia’s forest industry, they are doing little more than manipulating the facts, ...

A message from BC Conservative MLA Ward Stamer, and the Kamloops – North Thompson Riding Association

2025 was a busy first year. As a Caucus, we worked very hard to defeat Bills 14 and 15, legislation which allows the provincial government to move ahead without environmental assessments on renewable projects, and that also allows cabinet to build infrastructure projects without getting approval from local municipal governments. This is not acceptable to your BC Conservative caucus, and we will continue to press this government for open and transparent projects in the future.  Two things we had success in were having the first Private Members bill passed in over 40 years. The first was Jody Toors Prenatal and Post Natal Care bill, and then there was my private members Bill M217 Mandatory Dashcams in commercial vehicles (passed second reading unanimously and is heading to Committee in February). Regrettably, much of the legislation passed by the government was little more than housekeeping bills, or opportunities to strengthen the ability of Cabinet Ministers to bypass the BC legi...

Wildfire waste plan torched -- Forestry critic Stamer calls BC's wildfire salvage rate 'a failure'

Claims that BC is making progress salvaging wildfire-damaged timber are masking deeper problems in the forest sector, the province’s forestry critic says. Last week, BC’s Ministry of Forests said mills in the province processed more than one million cubic metres of wildfire chips in 2024-25, up from 500,000 cubic metres in 2023 and representing about seven per cent of all processed wood. Kamloops-North Thompson BC Conservative MLA Ward Stamer said those claims of progress ignore the reality that only a fraction of burned timber is being used ... CLICK HERE for the full story

Labels

Show more