The Criminal Code of Canada directs when and how a police undertaking may be required and enforced. Those provisions show this power is being abused by our police on a daily basis, so let's go through the facts.
1. Police can only require an undertaking to be signed as a condition of release from lawful custody. Section 503 of the Criminal Code of Canada confirms this.
2. If the police have no power to arrest and detain a person they cannot force them to sign an undertaking to be released. They must be released unconditionally - but this is not happening.
3. The Criminal Code s. 495 gives the FPF powers of arrest without a warrant only if an indictable offence has been/is being/will be committed, or a criminal offence is being committed at the time of arrest or if there is an existing arrest warrant for the person. The FPF arbitrarily arrests and detains people every day, which is in violation of section 7, 9 and 15(1) of the Charter of Rights and Freedoms.
4. The Criminal Code provides for a "show cause" hearing, to prove the police undertaking is necessary and the conditions are reasonable. If the police case doesn't merit an undertaking it will be dismissed. If the judge agrees it is necessary it will be converted to a judicial undertaking, which is an order of the court. The truth is our courts back the police up without paying any attention to the law or Charter.
5. When the original charge, that led to the undertaking, is no longer before the court (i.e. dismissed or withdrawn) the police or judicial undertaking are no longer valid or enforceable. The police and courts ignore this and use breach charges to "create-a-crime".
If only our police farce, prosecutors and judges paid attention to the law, which they break just about every time they force someone to sign an undertaking, we would have a great province to live in.
The point was well made, the general public don't give a F#$k about policing methodologies unless it affects them directly, so looking for public sympathy forget it.
The Criminal Code of Canada directs when and how a police undertaking may be required and enforced. Those provisions show this power is being abused by our police on a daily basis, so let's go through the facts.
ReplyDelete1. Police can only require an undertaking to be signed as a condition of release from lawful custody. Section 503 of the Criminal Code of Canada confirms this.
2. If the police have no power to arrest and detain a person they cannot force them to sign an undertaking to be released. They must be released unconditionally - but this is not happening.
3. The Criminal Code s. 495 gives the FPF powers of arrest without a warrant only if an indictable offence has been/is being/will be committed, or a criminal offence is being committed at the time of arrest or if there is an existing arrest warrant for the person. The FPF arbitrarily arrests and detains people every day, which is in violation of section 7, 9 and 15(1) of the Charter of Rights and Freedoms.
4. The Criminal Code provides for a "show cause" hearing, to prove the police undertaking is necessary and the conditions are reasonable. If the police case doesn't merit an undertaking it will be dismissed. If the judge agrees it is necessary it will be converted to a judicial undertaking, which is an order of the court. The truth is our courts back the police up without paying any attention to the law or Charter.
5. When the original charge, that led to the undertaking, is no longer before the court (i.e. dismissed or withdrawn) the police or judicial undertaking are no longer valid or enforceable. The police and courts ignore this and use breach charges to "create-a-crime".
If only our police farce, prosecutors and judges paid attention to the law, which they break just about every time they force someone to sign an undertaking, we would have a great province to live in.
The point was well made, the general public don't give a F#$k about policing methodologies unless it affects them directly, so looking for public sympathy forget it.
ReplyDelete