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More comments on G20
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It appears toronto is more or less "shut down" for 3 or so days within the zone. (25th to 28th?)
Just a heads up to anyone in Toronto to avoid this area (DOWNTOWN) unless you are protesting. Really bad events could happen to someone who is just casually observing - they set up a "medical trailer" with treatment cells for detained individuals to avoid bringing people to emergency rooms. In addition to the potentially instantaneous hearing loss from sound cannons - if based on previous major protests, there could be much hurt and pain, even for bystandards. BEWARE. "PRIVATE SECURITY - personnel are being hired in addition to other governmental paramilitary type forces eg. OPP, RCMP etc..
http://www.thestar.com/staticcontent/810896
g20 ends the day the Queen starts her Canadian tour.
BTW they were still hiring last I knew for this, but maybe not.. security is getting like $25 an hour and medical is getting like $120/hour
IF THE RIOT ACT IS READ - arrest could warrant a life sentence.
SEE Section 67.
Her Majesty the Queen charges and commands all persons being assembled immediately to disperse and peaceably to depart to their habitations or their lawful business, on pain of being guilty of an offence for which, on conviction, they may be sentenced to an imprisonment for life. God Save the Queen!
Unlawful Assemblies and Riots
Unlawful assembly
63. (1) An unlawful assembly is an assembly of three or more persons who, with intent to carry out any common purpose, assemble in such a manner or so conduct themselves when they are assembled as to cause persons in the neighbourhood of the assembly to fear, on reasonable grounds, that they
(a) will disturb the peace tumultuously; or
(b) will by that assembly needlessly and without reasonable cause provoke other persons to disturb the peace tumultuously.
Lawful assembly becoming unlawful
(2) Persons who are lawfully assembled may become an unlawful assembly if they conduct themselves with a common purpose in a manner that would have made the assembly unlawful if they had assembled in that manner for that purpose.
Exception
(3) Persons are not unlawfully assembled by reason only that they are assembled to protect the dwelling-house of any one of them against persons who are threatening to break and enter it for the purpose of committing an indictable offence therein.
R.S., c. C-34, s. 64.
Riot
64. A riot is an unlawful assembly that has begun to disturb the peace tumultuously.
R.S., c. C-34, s. 65.
Punishment of rioter
65. Every one who takes part in a riot is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.
R.S., c. C-34, s. 66.
Punishment for unlawful assembly
66. Every one who is a member of an unlawful assembly is guilty of an offence punishable on summary conviction.
R.S., c. C-34, s. 67.
Reading proclamation
67. A person who is
(a) a justice, mayor or sheriff, or the lawful deputy of a mayor or sheriff,
(b) a warden or deputy warden of a prison, or
(c) the institutional head of a penitentiary, as those expressions are defined in subsection 2(1) of the Corrections and Conditional Release Act, or that person’s deputy,
who receives notice that, at any place within the jurisdiction of the person, twelve or more persons are unlawfully and riotously assembled together shall go to that place and, after approaching as near as is safe, if the person is satisfied that a riot is in progress, shall command silence and thereupon make or cause to be made in a loud voice a proclamation in the following words or to the like effect:
Her Majesty the Queen charges and commands all persons being assembled immediately to disperse and peaceably to depart to their habitations or to their lawful business on the pain of being guilty of an offence for which, on conviction, they may be sentenced to imprisonment for life. GOD SAVE THE QUEEN.
R.S., 1985, c. C-46, s. 67; 1994, c. 44, s. 5.
Offences related to proclamation
68. Every one is guilty of an indictable offence and liable to imprisonment for life who
(a) opposes, hinders or assaults, wilfully and with force, a person who begins to make or is about to begin to make or is making the proclamation referred to in section 67 so that it is not made;
(b) does not peaceably disperse and depart from a place where the proclamation referred to in section 67 is made within thirty minutes after it is made; or
(c) does not depart from a place within thirty minutes when he has reasonable grounds to believe that the proclamation referred to in section 67 would have been made in that place if some person had not opposed, hindered or assaulted, wilfully and with force, a person who would have made it.
R.S., c. C-34, s. 69.
Neglect by peace officer
69. A peace officer who receives notice that there is a riot within his jurisdiction and, without reasonable excuse, fails to take all reasonable steps to suppress the riot is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.
R.S., c. C-34, s. 70.
Use of force to suppress riot
32. (1) Every peace officer is justified in using or in ordering the use of as much force as the peace officer believes, in good faith and on reasonable grounds,
(a) is necessary to suppress a riot; and
(b) is not excessive, having regard to the danger to be apprehended from the continuance of the riot.
Person bound by military law
(2) Every one who is bound by military law to obey the command of his superior officer is justified in obeying any command given by his superior officer for the suppression of a riot unless the order is manifestly unlawful.
Obeying order of peace officer
(3) Every one is justified in obeying an order of a peace officer to use force to suppress a riot if
(a) he acts in good faith; and
(b) the order is not manifestly unlawful.
Apprehension of serious mischief
(4) Every one who, in good faith and on reasonable grounds, believes that serious mischief will result from a riot before it is possible to secure the attendance of a peace officer is justified in using as much force as he believes in good faith and on reasonable grounds,
(a) is necessary to suppress the riot; and
(b) is not excessive, having regard to the danger to be apprehended from the continuance of the riot.
Question of law
(5) For the purposes of this section, the question whether an order is manifestly unlawful or not is a question of law.
R.S., c. C-34, s. 32.
Duty of officers if rioters do not disperse
33. (1) Where the proclamation referred to in section 67 has been made or an offence against paragraph 68(a) or (b) has been committed, it is the duty of a peace officer and of a person who is lawfully required by him to assist, to disperse or to arrest persons who do not comply with the proclamation.
Protection of officers
(2) No civil or criminal proceedings lie against a peace officer or a person who is lawfully required by a peace officer to assist him in respect of any death or injury that by reason of resistance is caused as a result of the performance by the peace officer or that person of a duty that is imposed by subsection (1).
Section not restrictive
(3) Nothing in this section limits or affects any powers, duties or functions that are conferred or imposed by this Act with respect to the suppression of riots.
R.S., c. C-34, s. 33.
Self-induced Intoxication
When defence not available
33.1 (1) It is not a defence to an offence referred to in subsection (3) that the accused, by reason of self-induced intoxication, lacked the general intent or the voluntariness required to commit the offence, where the accused departed markedly from the standard of care as described in subsection (2).
Criminal fault by reason of intoxication
(2) For the purposes of this section, a person departs markedly from the standard of reasonable care generally recognized in Canadian society and is thereby criminally at fault where the person, while in a state of self-induced intoxication that renders the person unaware of, or incapable of consciously controlling, their behaviour, voluntarily or involuntarily interferes or threatens to interfere with the bodily integrity of another person.
Application
(3) This section applies in respect of an offence under this Act or any other Act of Parliament that includes as an element an assault or any other interference or threat of interference by a person with the bodily integrity of another person.
1995, c. 32, s. 1.
Last edited by w_ashley on Jun-05-2010 at 21:40
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