Federal legislators are currently debating a proposed law thatcould carry a 10-year prison term for concealing your identityduring a riot. Introduced last November by Conservative backbencher BlakeRichards, Bill C-309 was a private member s bill inspired by theStanley Cup riot in Vancouver last June and the G20 riot in Torontoin June 2010. Richards said police had been seeking better ways to respond topublic assemblies that become dangerous. It is already illegal to take part in a riot, but Bill C-309 wouldcreate a separate offence criminalizing the use of a mask whileparticipating in such an action. The bill is back in the House of Commons on Monday before going tothe Senate for final approval. The bill originally proposed a maximum penalty of five yearsimprisonment, but last week Richards proposed to increase that to10 years in order to bring it in line with the existing CriminalCode offences related to wearing a disguise. When asked about the proposed law, the Canadian Association ofChiefs of Police provided a statement saying, Those who emboldenthemselves by masking or hiding their identity while participatingin a riot or unlawful assembly have a tremendous impact on thesafety of those who exercise their right to protest peacefully andlawfully in this country. A right the CACP supports and defends.They also make investigations of these crimes much moredifficult. When does a protest become a riot? An unlawful assembly is any gathering that incites fear in aneighbourhood. According to the Criminal Code, it s an assemblyof three or more persons who, with intent to carry out any commonpurpose, assemble in such a manner or so conduct themselves whenthey are assembled as to cause persons in the neighbourhood of theassembly to fear, on reasonable grounds, that they will disturb thepeace tumultuously. A riot is simply defined as, an unlawful assembly that has begunto disturb the peace tumultuously. Tom Stamatakis, president of both the Canadian Police Associationand the Vancouver Police Union, says that when protesters startto engage in any kind of assaultive behaviour involving otherpeople, or even protesters themselves or police, or when they restarting to cause damage to property, to vehicles or business, thatchanges the situation, from a mere protest to something moresevere and criminal. According to the bill, determining when precisely a gatheringbecomes rowdy enough to be deemed an unlawful assembly will be leftto police. Critics say this could have adverse consequences. James Stribopoulos, an associate professor at York University'sOsgoode Hall law school, told MPs on the House justice committeethat it could result in police preemptively arresting lawfulprotesters who happen to be wearing masks. What constitutes a mask? According to the Criminal Code, disguising your face means puttinga covering over it or colouring it to conceal your identity. Critics of Bill C-309 are concerned that the definition of a disguise could be unilaterally extended to include things likehandkerchiefs, which some protesters use to protect themselves inthe event that police deploy tear gas. Stamatakis says he is sensitive to the nuances of this issue, butsays police are able to make that distinction. In policing that s always the challenge we re required touse our discretion and judgment in every situation, saysStamatakis. Our experience generally is that when people do wear masks,they re intending to do something more than just loudly advocatefor a particular position on a particular issue. How would the new law change existing laws? Some of the people who testified in front of the House justicecommittee, including Stribopoulos, suggested that Bill C-309 isunnecessary because there s already a law against wearing adisguise to commit an offence. Section 351 of the Criminal Code, under the heading Disguise withintent, states that Every one who, with intent to commit anindictable offence, has his face masked or coloured or is otherwisedisguised is guilty of an indictable offence. According to Blake Richards, however, the current law isn t strongenough. He said that police had told him it was nearly impossibleto use the existing offence to charge rioters, since it wasoriginally intended for use in cases of armed robbery. Bill C-309 would create two classes of offence. Those who incite a riot while wearing a mask face an indictableoffence up to 10 years. Those who participate in such an unlawfulassembly while wearing a mask could face up to six months in jailor fines up to $5,000. We are high quality suppliers, our products such as China LED Ceiling Lamp , LED Recess Lighting Manufacturer for oversee buyer. To know more, please visits LED Down Lighters.
Related Articles -
China LED Ceiling Lamp, LED Recess Lighting Manufacturer,
|