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Montreal police ask city to make insults illegal
http://www.thestar.com/News/Canada/article/577637
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Montreal police ask city to make insults illegal
Jan 26, 2009 06:38 PM
ANDY BLATCHFORD
THE CANADIAN PRESS
MONTREAL – Montreal police have asked the city to empower local officers to crack down on insult-hurling citizens – likely with a blow to their pocketbooks.
Mayor Gerald Tremblay said today his public security committee is mulling the request to slap offenders with fines, a suggestion first brought forward by Montreal's police brotherhood.
The union wants Tremblay to make it illegal for members of the public to call cops profanity-laced nicknames, or to call them names like ``pig" and "doughnut-eater."
"It's something that will be addressed – we know that other cities have passed some bylaws considering that subject," said Tremblay, stressing the city has not made any concrete decisions about banning indignities directed at police.
Chief-Insp. Paul Chablo, communications director for Montreal's police force, said lawyers from the department and the city are examining the feasibility of such a rule.
"The key factor is ensuring that it becomes a useful tool for the officers involved, but at the same time it doesn't infringe on anybody's rights," he said.
Chablo said several municipalities across Quebec – including Quebec City – have some variation of a law that prohibits citizens from spewing slurs at police officers.
The 28-year veteran of the force said the law could keep police interventions involving violent citizens from getting out of hand.
"There are cases where people are either intoxicated, or for other reasons extremely aggressive and very injurious," he said.
"In these cases, this tool might be something that's practical."
But while city council digests the demand to prevent civilians from mouthing off at cops, some experts question whether punishing Montrealers for launching jeers infringes on one's right to expression.
"There are an awful lot of words that are borderline and it's highly subjective – it's too vague," Ronald Sklar, a McGill University law professor, said of the police union's proposal .
"I don't think the police should be any different than anybody else as far as insults go because it doesn't affect their ability to do their duty.
"It's questionable policy."
Sklar said words can be punishable, but they must threaten bodily harm or incite disorder.
Montreal was also expected to pass a motion Monday night to meet another police request.
The city is considering a bylaw amendment that would prohibit protesters from covering their faces during demonstrations.
Claude Dauphin, Montreal's executive member in charge of public security, said there would be exceptions to the rule.
For example, demonstrators would have the right to don headgear resembling a particular politician whose position is the target of a rally, or slip on a ski mask when the temperature dips to -25 C.
"But when you're in the month of July, and you wear a ski mask or a gas mask, there might be a problem," he said.
"Maybe their intention is not to have a peaceful demonstration."
Chablo said police would use common sense in applying the law.
"Whenever there's a protest where people cover their faces with masks or any type of cloth, usually it results in violence or there's an intention to commit violence," he said.
"It will be applied where there is a high-risk factor."
But Sklar said citizens have a right to wear a mask during protests, regardless of what the weather's like.
"At a political demonstration, I think there's a right of privacy – I have a right to cover my face if I don't want to be seen," he said. |
LOL @ calling a cop "doughnut eater" becoming a punishable offense.
(the 'no covered faces at protests' issue is a semi-interesting debate though)
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