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

Nurses Take Job Action After Years of NDP Neglect

Image Credit:  BC Nurses Union BC nurses have reached a breaking point after years of unsafe conditions, rising violence in the workplace and a government that wouldn’t listen. Now they are on the picket line fighting to be heard. Last week, nurses began job action with a 72-hour strike notice, refusing non-essential overtime and stepping back from non-nursing duties. As of Tuesday, they have escalated to picket lines for the first time in decades. This moment was avoidable. It is the result of years of unanswered concerns from the frontline workers who keep our hospitals running. Nurses have been raising the same concerns for years: unsafe staffing levels, rising violence on the job, and a workload no single person should have to carry. None of it is new, and none of it should have taken a strike vote to get the government's attention. "Nurses are exercising their legal right to job action, but it shouldn’t have had to come to this," said Kiel Giddens, MLA for...

British Columbians Still Don’t Know Who’s Paying for NDP’s BC Hydro Deal

The NDP is making billion-dollar promises with BC Hydro, but British Columbians still don’t know who will pay the bill. Last week’s memorandum of understanding isn’t what the federal government and the NDP are making it out to be. It’s an admission that the NDP failed to make the long-term investments needed to keep B.C. powered. Now British Columbians have serious questions about the cost and whether BC Hydro ratepayers will end up paying the price. David L. Williams, MLA for Salmon Arm-Shuswap and Shadow Minister for BC Hydro and Electrical Energy Development , said British Columbians deserve clear answers about the full implications of the Canada–British Columbia Cooperative Prosperity Agreement. “British Columbians deserve the full truth,” said Mr. Williams. “This multi-billion-dollar announcement does not answer who pays for cost overruns, who pays for new generation, who carries the risk if industrial customers do not materialize, or whether ratepayers will be forced ...

NDP Government Blames Everyone but Themselves

The federal government has announced new measures to support British Columbia's forestry sector, including $65 million in funding for projects across the province. While any support is welcome, it falls far short of the level of assistance other provinces have secured for key industries. Conservative Forests Critic Ward Stamer says the NDP government needs to take responsibility for its mismanagement of B.C.’s forest industry instead of trying to pass on the blame. Despite promising to create more jobs in the forest sector, the NDP government has overseen the loss of thousands of forestry jobs and 21 mill closures which have devastated communities. “If Premier Eby spent more time addressing the regulatory issues impacting the forestry sector than he did complaining about the federal government, we would not be in the position we are now,” said Stamer. “And instead of trying to place the blame for mill closures on Donald Trump, Minister of Forests Ravi Parmar should t...

Labels

Show more