Posted by abandoned-echoes what do the laws say about security guards carrying guns while on the job? How legal/illegal is that? And what if, say, it's a pellet gun that looks like a revolver, but the security guard tells you "You're lucky I didn't have my .38 on me tonight" and continues to insinuate that he in fact would have no problem shooting you in the back with a pellet gun if you had tried to run from him.... *ahem* hypothetically speaking, of course. |
Posted by Intrinsic In Ontario (where you and I both live) peace officers are not in a legal position where they may shoot someone (in the back especially) simply because you are running away from them. eg. "Why did you pull your service revolver and open fire?" "The suspect had stolen a tomatoe from the grocery store." "Case dismissed." If you were armed and were going to attack someone (a bystander or the officer), that would be acceptable use of deadly force. Simply evading arrest, does not. If I ran from security at an abandoned location, they would have absolutely no justification to pull a weapon and fire it (deadly or pellet variety). Perhaps Exkalibur could elaborate... |
Posted by oldtimer Interesting how the label "breaking and entering" can be legally applied when the suspect has not broken any physical thing but has entered "by a permanent or temporary opening". That's abuse of legal power and an exaggeration of the law as intended. But I'm no lawyer. In another section, "break" means (b) to open any thing that is used or intended to be used to close or to cover an internal or external opening. What? Opening a door, perfectly within its intended function as a door, is breaking? Lifting a piece of plywood covering a hole is breaking? |
Posted by oldtimer Interesting how the label "breaking and entering" can be legally applied when the suspect has not broken any physical thing but has entered "by a permanent or temporary opening". That's abuse of legal power and an exaggeration of the law as intended. But I'm no lawyer. No, it isn't an abuse at all. B&E does NOT mean you physically break anything. The Trespass to Property Act in Ontario is a Provincial Act, meaning it doesn't give you a Criminal Record. B&E is a federal statute, which means you get a Criminal Record out of a conviction. B&E can be looked at as criminal trespass. There is no such law in Canada as criminal trespass except for Trespass By Night, but that only applies to a dwelling. B&E is the closest thing we have. You could get charged with B&E if all you did is tug on a locked door to a property which you are trespassing on. I've seen it happen before. Sure, the charges get thrown out...but only after you've spent a nice chunk of change on a lawyer and had to explain to your boss/spouse/family why you have bail conditions and have to take time off work for court. We get paid to attend court...you don't...so it's no skin off anyone's back side. That said - for you to get charged with B&E for simple trespass...you'd either need to 1) piss off the officer, 2) have a prior record, or 3) have done something a little bit more than just trespass. Also, you are found to have committed a B&E if you break another law while trespassing. So for example, you get caught trespassing in a location. You also have stolen something (even something small). Congrats, you're now free game for a B&E charge AND a theft charge. |
Posted by Sagetranq anyone able to shed some light on ontario draining laws? |
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