Thursday, July 23, 2009

Well gosh Darn it who'd have guessed

So reading them the riot act...


Legal Implications of the "Riot Act" Proclamation
The Archambault and Drumheller riots have given rise to much discussion concerning the proper amount of force that should be used in order to suppress a major disturbance. Within the Criminal Code of Canada there are provisions relating to unlawful assemblies and riots which apply equally to public as well as penitentiary disturbances. These provisions, among other things, outline the amount of force that can be used with legal justification in a riot declared situation.

The purpose of this article is to briefly examine the so-called "Riot Act" and to highlight the legal and practical considerations that accompany the reading of it. When can the "Riot Act" Proclamation be read? The "Riot Act" proclamation referred to in section 67 of the Criminal Code may be read by a Justice of the Peace whenever twelve (12) or more persons are "unlawfully and riotously assembled together". The term "riotously" refers to the tumultuous disturbance of the peace. Since these words are subject to interpretation, a brief examination of the terms "unlawful assembly" and "disturbing the peace tumultuously" is warranted.

A review of the relevant provisions of the Criminal Code and related jurisprudence reveals that an unlawful assembly occurs when at least three (3) or more persons assemble and form a common purpose, and there are reasonable grounds to believe that there will be a tumultuous breach of the peace: See Regina V. Thomas [19711, 2 WWR 734 (B.C. Co. Ct.). In Regina V. Kalyn, (1980) 52 CCC (2nd) 378 (Sask. Prov. Ct.) the court held that if the assembly is tumultuous - that is, the disturbance is caused by a multiple of people and consists of more than just noise - then it may be deemed riotous. However, the assembly is riotous, at the latest, when force or violence begins to be used or where there is an attempt to overpower peace officers who are performing their protective duties.

The "Riot Act" proclamation, when used, must be issued in the following words or words 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 upon the pain of being guilty of an offence for which, upon conviction, they may be sentenced to imprisonment for life. GOD SAVE THE QUEEN".

Who can read the "Riot Act" Proclamation? Pursuant to the provisions of section 67 of the Criminal Code, the so-called "Riot Act" proclamation may only be read by certain individuals such as justices of the peace, provincial court judges, mayors, and sheriffs.

This isn't old and not used. This was USED YESTERDAY! and is current and legal law. Sometimes the old shit is the best shit!

Wednesday, July 22, 2009

doing it digital style

This is a test of the digital age?