DrCaleb DrCaleb:
Freakinoldguy Freakinoldguy:
$1:
However as police were leaving, they told Gillingham he should leave the campground for his own safety, he said. The group of partiers remained.
So, let me get this straight. It's now okay to assault people as long as you're in a Provincial Park campground?
Oh that's right. I forgot the Omnibus bill has a clause in it that states:
"Assualts carried out in Alberta Provincial Parks by groups of drunken fucking louts aren't considered an indictable offense and must only be construed as acts non agressive frivolity by both the victim and perpatrators"
Disgusting.
Police can only investigate crime. They prevent it when they can, but the law is biased toward having to wait till afterward.
I understand that but, the fact remains only two of the people involved were charged and even then they were allowed to stay at the campgrounds which should contravene the police officers ability to ensure the crime won't continue.
495. (1) A peace officer may arrest without warrant
(a) a person who has committed an indictable offence or who, on reasonable grounds, he believes has committed or is about to commit an indictable offence;
(b) a person whom he finds committing a criminal offence; or
(c) a person in respect of whom he has reasonable grounds to believe that a warrant of arrest or committal, in any form set out in Part XXVIII in relation thereto, is in force within the territorial jurisdiction in which the person is found.
Marginal note:Limitation
(2) A peace officer shall not arrest a person without warrant for
(a) an indictable offence mentioned in section 553,
(b) an offence for which the person may be prosecuted by indictment or for which he is punishable on summary conviction, or
(c) an offence punishable on summary conviction,
in any case where
(d) he believes on reasonable grounds that the public interest, having regard to all the circumstances including the need to
(i) establish the identity of the person,
(ii) secure or preserve evidence of or relating to the offence, or
(iii)
prevent the continuation or repetition of the offence or the commission of another offence,may be satisfied without so arresting the person, and
(e) he has no reasonable grounds to believe that, if he does not so arrest the person, the person will fail to attend court in order to be dealt with according to law.
So how does asking the victim to leave the campground satisfy the section that says the have to arrest a person or persons to prevent the contiuation or repetition of the offence?
The police action or lack there of while probably legal was none the less disgusting. The attitude of let the criminal go and punish the victim seems to have become a common refrain in Canada.