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

Budget 2027: After a Decade of Decline, NDP Budget Delivers an Assault on Seniors, Working Families, and Small Businesses

Peter Milobar, BC Conservative Finance Critic, condemned the NDP government’s latest budget as the result of a decade of decline that has left British Columbians broke, unsafe, and paying more for less.   “After ten years of NDP mismanagement, this budget is an assault on seniors, working families, and the small businesses that drive our economy,” said Milobar. “The NDP have turned their back on the people working hardest to make ends meet and the seniors who built this province.” Milobar pointed to a new $1.1 billion annual income tax increase and warned that the government is piling new costs onto households already struggling with affordability.   “This government keeps asking British Columbians for more, while delivering less,” Milobar said. “The question people are asking is simple: Where has all the money gone?” Milobar noted that BC has gone from a surplus in the first year of NDP government to a projected deficit of more than $13 billion this year, while prov...

WARD STAMER -- Those are REAL forestry numbers, not just made-up numbers

The following is a condensed version of remarks Kamloops – North Thompson MLA Ward Stamer’s made, regarding Forestry, in the BC Legislature, on Tuesday afternoon (02/24/2026)   Let’s talk a little bit, when we talk about Budget 2026, about the forest industry, which is near and dear to my heart. Forestry remains one of British Columbia’s foundational industries. It’s a pillar that built this province. Entire communities depend upon it. Interior towns, northern communities, Vancouver Island regions, the Kootenays, the Lower Mainland, with manufacturing facilities in Surrey and Maple Ridge, just to name a few — everywhere in BC is touched by forestry. One word that was not mentioned in Budget 2026 was forestry. That’s a shame, an incredible shame. It wasn’t an oversight – it was intentional. This government has driven forestry into the ground .... INTO THE GROUND! We can talk a little bit about some of the initiatives that this government has brought forth, to try to resurrect ...

FORSETH -- Before anyone gets excited about one poll showing a candidate with a 25 percent lead, and 44 percent support overall, let’s give it a few more weeks

Is this based in reality -- how accurate are the numbers? In the past couple of weeks a couple of candidates, for the leadership of the BC Conservative Party, have been presenting polling results that they lead the pack – one even going so far as to say they have a lock on 44% of those who will be voting, and a twenty-five percent lead over the individual ranked second. I am going to say that this one, from Kerry-Lynne Findlay, is highly suspect. First of all the company conducting the poll, ERG National Research, is not a Member of Industry Bodies (the Canadian Research Insights Council), meaning they do not adhere to established industry standards for research, such as transparency, privacy, and methodological rigor. AI Overview states that ... based on alerts from the Canadian Research Insights Council (CRIC) and reports, ERG National Research should be treated with extreme caution regarding its reliability, and legitimacy, in conducting political polling. Before I even read this in...

Labels

Show more