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Thank you Supreme Court!! You Me and everyone can now sue The Police!

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  • Thank you Supreme Court!! You Me and everyone can now sue The Police!

    Thank you Supreme Court!! You, Me, and everyone can now sue The Police!

    I myself have a case in mind. I'm not going to get into that, but here is the article....

    http://www.niagarafallsreview.ca/201...egional-police

    If you are against the right to sue police. Blame the Niagara Regional Police.

    They screwed with the wrong demographic in this case... Most, who live in Niagara On The Lake; are rich as hell and can afford to take something like this to the Supreme Court.

    Niagara Regional Police, for far to long, have been taking liberties with the residents of this region. Not just car guys/girls...
    Last edited by Dr.Smooth; 04-17-2013, 12:25 AM.

  • #2
    Re: Thank you Supreme Court!! You Me and everyone can now sue The Police!

    So, in reading the article I get the following:

    The guy:

    a) Failed to display his front plate properly (as per the HTA is correct) and recieved a ticket
    b) Didn't like the judges ruling, so caused a distubance and was arrested. Also, Police had authority to remove him under the TPA, which as an arrest authority, Police can "use as much reasonable force as needed" to affect arrest.
    c) Gets injuries that are triffling in nature and consistant with someone not wanting to be arrested

    And the Police are the bad guys here? If the views of the original poster reflect those of the general public, Police should just pack it in and let the inmates run the institution.

    All People, not just Police, need to be held accountable for there actions. This guy is clearly deserved everything he got and it was done by the letter of the law. Job well done by the Police in this matter. This is another example of how weak our courts have become.

    Go ahead... sue. Don't think he's going to like the anwser at that trail either.

    For the record, I'm not in Policing... I just stayed at a Holiday Inn Express last night.

    Comment


    • #3
      Re: Thank you Supreme Court!! You Me and everyone can now sue The Police!

      All charges were withdrawn. so it sounds to me like those things never really hapened.

      This is really what it's about.

      Barring Penner from proceeding with his civil suit was a "serious affront to basic principles of fairness," said the Supreme Court decision, and "had the effect of permitting the chief of police to become the judge of his own case, with the result that his designate’s decision had the effect of exonerating the chief and his police service from civil liability."

      "The police complaints system was intended to protect the public against police abuse," said Falconer in a media release.

      "It was never intended to be used by the police to gain a tactical advantage in civil proceedings. The Supreme Court of Canada declared that loudly and clearly."
      If you don't think we have a serious problem with police in this country, you're living in a dream world. Read the papers, and watch the news, and think about how much stuff you never hear about.
      I/PS land speed record holder

      Comment


      • #4
        Re: Thank you Supreme Court!! You Me and everyone can now sue The Police!

        Originally posted by NOSfly View Post
        If you don't think we have a serious problem with police in this country, you're living in a dream world. Read the papers, and watch the news, and think about how much stuff you never hear about.

        define serious problem

        if you consider the police situation in Canada "serious," i'm curious what your adjective choice will be for some of the more shakey nations.
        set tire pressures to winning!

        Comment


        • #5
          Re: Thank you Supreme Court!! You Me and everyone can now sue The Police!

          Originally posted by Andrew Massey View Post
          All People, not just Police, need to be held accountable for there actions. This guy is clearly deserved everything he got and it was done by the letter of the law. Job well done by the Police in this matter. This is another example of how weak our courts have become.
          I'm not saying they guy is a saint. And to me the circumstances of his particular case are to me irrelevant. What is relevant to me, is the ability to file a civil case against the police.



          And the Police are the bad guys here? If the views of the original poster reflect those of the general public, Police should just pack it in and let the inmates run the institution.
          Again the details of his case are irrelevant. He can sue the police and if his claims are frivolous he will lose the case.


          Go ahead... sue. Don't think he's going to like the answer at that trial either.
          Win or lose; At least he gets his day in court. In the past he wouldn't have even the opportunity.

          Comment


          • #6
            Re: Thank you Supreme Court!! You Me and everyone can now sue The Police!

            You could always sue the Police, the Police Services Boards, the Officer and the Chief should you so desire. Just ask any K9 handler if they've been sued after a lawful dog bite. I guess I just don't get the "victory" here. Is it that now people can sue Police without grounds after being lawfully dealt with?

            As for the withdrawn charges, it could have simply been that the courts were too crowded that day and more important stuff was on the docket. Just because something gets withdrawn, doesn't mean you didn't do it. Withdrawn does not equal not guilty.

            Comment


            • #7
              Re: Thank you Supreme Court!! You Me and everyone can now sue The Police!

              Originally posted by Andrew Massey View Post
              Is it that now people can sue Police without grounds after being lawfully dealt with?
              people can now sue to dispute whether being "lawfully dealt with" was actually lawful and have their day in court and not a police tribunal.
              set tire pressures to winning!

              Comment


              • #8
                Re: Thank you Supreme Court!! You Me and everyone can now sue The Police!

                The thing is you always could sue, but as with any suit, you still need grounds for it to proceed. In my view, there are none in this case as per several levels of the Ontario Court of Justice, a non-Police entity.

                Also, anyone, with reasonable grounds properly articulated to a Justice of the Peace , can lay a private information for criminal charges for assault (ie Police Brutality) against a Police officer or officers (or anyone else for that matter) and the Criminal Court process would proceed through the courts as any other Criminal matter.

                Again, I fail to see how this is a major victory when the tools to "hold Police accountable to a non-Police body" already exist.

                A hearing officer appointed by the chief of police found the officers not guilty of misconduct and dismissed the complaint, a decision Penner appealed to the Ontario Civilian Commission on Police Services, which reversed the hearing officer's decision, saying the arrest was unlawful.

                On further appeal by the police, the Ontario Divisional Court concluded that the officers had legal authority to make the arrest and restored the hearing officer’s decision. The police then successfully moved to stop Penner's civil suit, and that decision was upheld by the Ontario Court of Appeal.
                Ontario Divisional Court and the Ontario Court of Appeal are not Police governance bodies. They are defacto courts with real Judges and Justices. Is that not a day in court and not a Police tribunal?

                Once again, I fail to see what was won with this decision or the reasoning by Penner to continue this over 10 years. There are far greater examples of Police behaviour that should maybe be looked at (G20?) than this, but in reality, I believe our Police are doing a good and honest job.

                No one likes the person who enforces the rules or tells you what you can and cannot do. People this day in age seem to think they can pick and choose which laws to obey. Just ask any of the CASC scrutineers.....

                Comment


                • #9
                  Re: Thank you Supreme Court!! You Me and everyone can now sue The Police!

                  Originally posted by Andrew Massey View Post
                  The thing is you always could sue, but as with any suit, you still need grounds for it to proceed. In my view, there are none in this case as per several levels of the Ontario Court of Justice, a non-Police entity.
                  The Supreme Court disagrees with you. If The Supreme Court disagrees with you. There is probably a reason The Supreme Court disagrees with you..



                  Again, I fail to see how this is a major victory when the tools to "hold Police accountable to a non-Police body" already exist.
                  Just as "THE GEAR" said....
                  people can now sue to dispute whether being "lawfully dealt with" was actually lawful and have their day in court and not a police tribunal.
                  I'm not surprised that Niagara Regional Police spawned this.


                  Once deemed as...
                  "Most Corrupt Police Force in Canada" In Macleans Magazine. In the 90's


                  Ontario Divisional Court and the Ontario Court of Appeal are not Police governance bodies. They are defacto courts with real Judges and Justices. Is that not a day in court and not a Police tribunal?
                  According to the Supreme Court, NO.

                  Once again, I fail to see what was won with this decision or the reasoning by Penner to continue this over 10 years. There are far greater examples of Police behaviour that should maybe be looked at (G20?) than this, but in reality, I believe our Police are doing a good and honest job.
                  Most Police officers are doing a great job on a daily basis..

                  Unfortunately in the Niagara Region. Some officers, have been taking unnecessary liberties with residents for years.. Finally one of the residents with the time, and money fought back. Most in the Niagara Region have neither the time, nor the money to take; what started out as a traffic ticket, to the Supreme Court... But I am glad some one did...

                  No one likes the person who enforces the rules or tells you what you can and cannot do. People this day in age seem to think they can pick and choose which laws to obey. Just ask any of the CASC scrutineers.....
                  Exactly my point... Pick and choose what rules to obey, just like NRPS have been doing for years (regarding their own conduct). Don't get me started on NRPS picking and choosing what rules to follow. There is a reason why most people in this region would prefer the OPP instead of the local police..

                  Also the OPP in Niagara usually don't "get along" with the NRPS.

                  Comment


                  • #10
                    Re: Thank you Supreme Court!! You Me and everyone can now sue The Police!

                    Well, one of the great liberties our great contry affords is the ability to move. So, if the police in Niagara are so bad move.


                    Peel's principal of policing: "The police are the people, and the people are the police".

                    If you are complaining about the police, you are complaining about your neighbours and your community. If you expecting perfection, start with yourself, then expect other to become flawless.

                    Rather than sue the police, what have you done to help the police solve problems in the community? Or are you one of the many who expect the police to perfectly deal with issues in the community while you capture the moment on your iPhone to be later used in court against the police, rather than roll up your sleves and assist with real issues plaguing our communities?

                    "Critics are men who watch a battle from a high place then come down and shoot the survivors" - Hemmingway

                    Ya, it is totally wonderful you can now sue the police. Whoooo hoooo!! Good for you. That going to add to harmony in our streets........

                    Rant over........
                    sigpic

                    Comment


                    • #11
                      Re: Thank you Supreme Court!! You Me and everyone can now sue The Police!

                      Ironic that this particular anti-police rant BEGAN with one individual who chose not to place the vehicle license plate where it is legally required to be attached in Ontario. It did not begin with the actions of police. It began with one person who felt the HTA was democratically put in place for everyone except him/her.
                      Last edited by Mike H; 04-19-2013, 05:28 PM.

                      Comment


                      • #12
                        Re: Thank you Supreme Court!! You Me and everyone can now sue The Police!

                        Originally posted by Chris Lawson View Post
                        Well, one of the great liberties our great contry affords is the ability to move. So, if the police in Niagara are so bad move.


                        Peel's principal of policing: "The police are the people, and the people are the police".

                        If you are complaining about the police, you are complaining about your neighbours and your community. If you expecting perfection, start with yourself, then expect other to become flawless.

                        Rather than sue the police, what have you done to help the police solve problems in the community? Or are you one of the many who expect the police to perfectly deal with issues in the community while you capture the moment on your iPhone to be later used in court against the police, rather than roll up your sleves and assist with real issues plaguing our communities?

                        "Critics are men who watch a battle from a high place then come down and shoot the survivors" - Hemmingway

                        Ya, it is totally wonderful you can now sue the police. Whoooo hoooo!! Good for you. That going to add to harmony in our streets........

                        Rant over........
                        Hemingway must be turning over in his grave.
                        sigpic

                        Comment


                        • #13
                          Re: Thank you Supreme Court!! You Me and everyone can now sue The Police!

                          Originally posted by Chris Lawson View Post
                          Well, one of the great liberties our great contry affords is the ability to move. So, if the police in Niagara are so bad move.


                          Peel's principal of policing: "The police are the people, and the people are the police".

                          If you are complaining about the police, you are complaining about your neighbours and your community. If you expecting perfection, start with yourself, then expect other to become flawless.

                          Rather than sue the police, what have you done to help the police solve problems in the community? Or are you one of the many who expect the police to perfectly deal with issues in the community while you capture the moment on your iPhone to be later used in court against the police, rather than roll up your sleves and assist with real issues plaguing our communities?

                          "Critics are men who watch a battle from a high place then come down and shoot the survivors" - Hemmingway

                          Ya, it is totally wonderful you can now sue the police. Whoooo hoooo!! Good for you. That going to add to harmony in our streets........

                          Rant over........
                          Why should I, or anyone have to move to a different jurisdiction??

                          Why can't we correct the deficiencies in our system, instead of having to move somewhere else???

                          As far as adding Harmony in our streets... No it won't add Harmony. What it will add is fairness..

                          Also, what Peel Police practice and what N.R.P. practice are two different things. They may be governed by the same laws, but it is still vastly different.. I feel more comfortable traveling outside of Niagara than I do in my own Region.

                          Finally, If you don't like the fact that people can now sue the Police... As I said in earlier posts. You can thank the Niagara Regional Police for that....

                          Don't Blame or Bash The Messenger.

                          If you want to blame someone. Blame the Police service that pissed of the wrong person. And said person who had the money, and ten years, to send what started as a traffic ticket to the Supreme Court.

                          Comment


                          • #14
                            Re: Thank you Supreme Court!! You Me and everyone can now sue The Police!

                            Dr Smooth

                            I am missing something. Your link does not work.

                            Did the guy drive without a plate or not? Was he guilty? Was he a dick as a result of being charged?

                            Take the ticket, pay the fine and shut the hell up. This is a waste of our tax money.
                            sigpic
                            Pro Tour Truck

                            Doug

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                            • #15
                              Re: Thank you Supreme Court!! You Me and everyone can now sue The Police!

                              Originally posted by Doug P View Post
                              Dr Smooth, I am missing something. Your link does not work. Did the guy drive without a plate or not? Was he guilty? Was he a dick as a result of being charged? Take the ticket, pay the fine and shut the hell up. This is a waste of our tax money.
                              Amen to that, Brother!
                              2017/18Pres-Ottawa SportsCar Club
                              CASC since'63(St.LAC,TSOA,MCO)
                              Certified Technician310G,S,T+717B

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