Thursday, October 6, 2011

When Christy Clark, premier, uses the word "criminal" in relation to the Vancouver Rioters, does she, we, know what it means?

Christy calls the rioters Criminals, but just what does that mean?  Are they not innocent until proven guilty?

The B.C. Liberal government proposal to broadcast court proceedings arising out of the Stanley Cup riots seemed no more than a gimmick at first, contrived to generate headlines from an otherwise lacklustre legislative agenda.
“This breakdown in civil order requires that justice be done and that it also be seen to be done,” declared the speech from the throne Monday. “The government respectfully asks and has requested Crown counsel to advocate for television and radio access to the courts during proceedings for those charged in relation to the Stanley Cup riot.” -Vaughn Palmer


Christy had this to say about the Vancouver Rioters:

"The reason we’ve made this request is because those criminals committed those crimes in public,” she declared, “and they attacked our fundamental sense of community safety in doing so.” -Vancouver Sun, Vaughn Palmer October 6, 2011


From Wikipedia:
A person may be prosecuted criminally for any offences found in the Criminal Code or any other federal statute containing criminal offences.

There are three types of offences. The most minor offences are summary conviction offences. They are defined as "summary" within the Act and, unless otherwise stated, are punishable by a fine of no more than $5,000 and/or 6 months in jail. Examples of offences which are always summary offences include trespassing at night (section 177), causing a disturbance (s.175) and taking a motor vehicle without the owner's consent (s.335).
 And

Young offenders

Criminal law matters relating to young persons (those aged 12 through 17) are dealt with by the Youth Criminal Justice Act which provides for different procedures and punishments than those applicable to adults. It also provides that in some serious cases youths may be treated like adults for sentencing and other purposes.



 From  CanLII- Criminal Code.........: Search for    175
 

 (1) Every one who
(a) not being in a dwelling-house, causes a disturbance in or near a public place,
(i) by fighting, screaming, shouting, swearing, singing or using insulting or obscene language,
(ii) by being drunk, or
(iii) by impeding or molesting other persons,
(b) openly exposes or exhibits an indecent exhibition in a public place,
(c) loiters in a public place and in any way obstructs persons who are in that place, or
(d) disturbs the peace and quiet of the occupants of a dwelling-house by discharging firearms or by other disorderly conduct in a public place or who, not being an occupant of a dwelling-house comprised in a particular building or structure, disturbs the peace and quiet of the occupants of a dwelling-house comprised in the building or structure by discharging firearms or by other disorderly conduct in any part of a building or structure to which, at the time of such conduct, the occupants of two or more dwelling-houses comprised in the building or structure have access as of right or by invitation, express or implied,is guilty of an offence punishable on summary conviction.

Evidence of peace officer
(2) In the absence of other evidence, or by way of corroboration of other evidence, a summary conviction court may infer from the evidence of a peace officer relating to the conduct of a person or persons, whether ascertained or not, that a disturbance described in paragraph (1)(a) or (d) or an obstruction described in paragraph (1)(c) was caused or occurred.
  • R.S., 1985, c. C-46, s. 175;
  • 1997, c. 18, s. 6.

Obstructing or violence to or arrest of officiating clergyman

1 comment:

Anonymous said...

Just to clarify a little the understanding of the word 'summary' in summary offence.

A summary offence is one in which the accused is not arrested and detained as in an indictable (arrestable) offence, but is 'summoned' to appear in court to answer to the charge at a proscribed date.

There would be a 'summons' (ticket) issued or served to appear in court.

Obviously summary offences are of a considerably lesser nature than indictable offences.