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PostPosted: Wed Jul 20, 2011 12:15 pm 
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Well you can start with these:

1 R. v. Hufsky, [1988] 1 S.C.R. 621 Date: April 28, 1988 [Highlight Query Terms]
2 R. v. Ladouceur, [1990] 1 S.C.R. 1257 Date: May 31, 1990 [Highlight Query Terms]
3 R. v. Wilson, [1990] 1 S.C.R. 1291 Date: May 31, 1990 [Highlight Query Terms]

And you can find those and others at the Supreme Court of Canada website.

Military Police where I and my colleagues had to enforce Military law(both Canadian (Nationa Defence Act and foreign through the Visiting Forces Act, all federal law (Criminal Code, Food and Drug, Narcotics, Customs, etc), provincial (Motor Vehicle, Liquor, etc,), Municipal (by-laws, noise, parking, etc). In my case I worked in five different provinces and probably at least 20 different municipalities.

So I have worked both sides of the street so to speak, as an MP for the Crown Prosecutor and Judge Advocate General and as a private investigator for defence attorneys. I have investigated everything from homicides, impaireds, drugs, frauds, thefts, etc. Did regular police patrols, investigations, field. And have over 30 years experience.

Now, what are your qualifications.

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PostPosted: Wed Jul 20, 2011 12:37 pm 
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timberlea wrote:
Well you can start with these:

1 R. v. Hufsky, [1988] 1 S.C.R. 621 Date: April 28, 1988 [Highlight Query Terms]
2 R. v. Ladouceur, [1990] 1 S.C.R. 1257 Date: May 31, 1990 [Highlight Query Terms]
3 R. v. Wilson, [1990] 1 S.C.R. 1291 Date: May 31, 1990 [Highlight Query Terms]

And you can find those and others at the Supreme Court of Canada website.

Military Police where I and my colleagues had to enforce Military law(both Canadian (Nationa Defence Act and foreign through the Visiting Forces Act, all federal law (Criminal Code, Food and Drug, Narcotics, Customs, etc), provincial (Motor Vehicle, Liquor, etc,), Municipal (by-laws, noise, parking, etc). In my case I worked in five different provinces and probably at least 20 different municipalities.

So I have worked both sides of the street so to speak, as an MP for the Crown Prosecutor and Judge Advocate General and as a private investigator for defence attorneys. I have investigated everything from homicides, impaireds, drugs, frauds, thefts, etc. Did regular police patrols, investigations, field. And have over 30 years experience.

Now, what are your qualifications.

I would point out that military police enforcement is entirely different than civilian enforcement and that as an MP, outside of the base, you only had jurisdiction over military personnel and could not enforce the law outside the base in regards to civilians unless the crime in question was committed on DND property. It's rather limited in scope. Not sure why you would have enforced municipal law. Since when does municipal law supersede Military law on base, because it couldn't have been enforcing municipal law off base unless it was military personnel breaking those laws? However, it's been my experience that unless someone gets way out of hand with municipal bylaws and the MPs are specifically called in by the municipality, they will generally leave them to their own devices. And it's pretty rare to see such a case.


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PostPosted: Wed Jul 20, 2011 1:35 pm 
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Now for your education. The military, regardless of where the base in Canada is, abides by the laws of the province/municipality they are in. In other words (and in Queen's Rules and Regulations and the National Defence Act make that authority) those bases will follow the laws and by-laws of the province/municipality they are in. A perfect example is the age of majority where alcohol is involved. The Federal age of majority is 18, however as alcohol is a provincial jurisdiction (some provinces it is 18, some 19). They also follow winter parking bans etc. As MPs we have to cite both the civilian sections and military sections of various acts.

Do Military Police go out of their way to police civilians off base, no, but they will intervene when offences occur, make arrests, hand over the subject to civilian authorities, testify in civilian court, etc, etc, etc. An MP who ignores a plea for help from anyone will face a "hatless tapdance", a charge of negligence or worse.

The police procedures of the MP, municipality, and the RCMP are very similar and in fact we all train together, we participate in Joint Operations, we all patrol, investigate crime, handle domestics and every other aspect of police work. I have backed up civilian police and them, me.

I am still awaiting your qualifications, Diafel.

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PostPosted: Wed Jul 20, 2011 1:43 pm 
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timberlea wrote:
Do Military Police go out of their way to police civilians off base, no, but they will intervene when offences occur, make arrests, hand over the subject to civilian authorities, testify in civilian court, etc, etc, etc.

Really?? They will police outside of their jurisdiction?? Really?? :o


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PostPosted: Wed Jul 20, 2011 2:05 pm 
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timberlea wrote:
Well Diafel, you are wrong. In Canada, and supported by numerous Supreme Court of Canada decisions, police officers may conduct random, routine spot checks for vehicle documentations (licence, registration, and insurance). In other words, you can be driving and a police officer driving behind may stop you, even if you are doing nothing wrong and ask you for those three documents. Now unless they see a further violation (say you're impaired, possession of a prohibited weapon, or whatever) they cannot search your vehicle, Now if they do see a violation they may be able to search without warrant or seize and obtain a warrant.

Ranger, you wouldn't need special people to enforce computer hosts, it could easily be added of to the duties of current inspectors.

That kind of stop here is known as a "Tommy Stop" and it's illegal. Police here are required to have reasonable grounds and most get around that by simply listing the stop reason as "Erratic driving"... Which is another of saying the cop just wanted to stick his head in your car.

Which is like suing for trademark and then demanding to snoop for evidence by calling it an "audit."


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PostPosted: Wed Jul 20, 2011 2:30 pm 
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Well Chip good for America. Another difference, in the US your attorney can be present while you are being questioned, not in Canada.

Diafel, in most areas bases are not just on one lot of land. They can be in several different areas which require travelling on civilian property and therefore interaction with civilians. Further in some of the remoter bases, the closest backup for civilian police (usually RCMP or OPP in Ontario or SQ in Quebec is the MPs, and vice versa). Further an MPs jurisidiction transcends international boundries. Wherever a person subject to The Code of Service Discipline is, he or she comes under the MPs. And the people can be military, civilian workers, spouses and dependants (on and off base in foreign countries), civilians on base.

Also a little known fact (and I doubt the real story will ever get out), that during the Iran Hostage Crisis, it was the MPs (Canadian Embassy guards) that planned and executed a good portion of the rescue and the escape of six American diplomats.

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PostPosted: Wed Jul 20, 2011 2:39 pm 
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timberlea wrote:
Well Chip good for America. Another difference, in the US your attorney can be present while you are being questioned, not in Canada.

Diafel, in most areas bases are not just on one lot of land. They can be in several different areas which require travelling on civilian property and therefore interaction with civilians. Further in some of the remoter bases, the closest backup for civilian police (usually RCMP or OPP in Ontario or SQ in Quebec is the MPs, and vice versa). Further an MPs jurisidiction transcends international boundries. Wherever a person subject to The Code of Service Discipline is, he or she comes under the MPs. And the people can be military, civilian workers, spouses and dependants (on and off base in foreign countries), civilians on base.

Also a little known fact (and I doubt the real story will ever get out), that during the Iran Hostage Crisis, it was the MPs (Canadian Embassy guards) that planned and executed a good portion of the rescue and the escape of six American diplomats.

I wasn't questioning what the MP jurisdiction is. I know full well what it is. What I'm saying is that MPs will not police outside their jurisdiction without the express request of another policing unit that DOES have jurisdiction. I'm well aware that some of what you quoted IS within the MP jurisdiction.
However, I can hardly see an MP randomly pulling over a civilian for speeding outside of the military base on non DND property without an RCMP or someone else who DOES have jurisdiction asking them to. It simply doesn't happen.


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PostPosted: Wed Jul 20, 2011 3:18 pm 
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I never said MPs would randomly pull a civilian over on civvie street. An MP who observes a criminal act will intervene, and it happens more often than not. And as I said, they will contact the civilian police to take over and if they're too busy we will affect the arrest give them their rights and cautions, investigate, and transport the perp to them and vice versa.

Though I am still awaiting your qualifications, since you asked mine and I answered.

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PostPosted: Wed Jul 20, 2011 3:43 pm 
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timberlea wrote:
I never said MPs would randomly pull a civilian over on civvie street. An MP who observes a criminal act will intervene, and it happens more often than not. And as I said, they will contact the civilian police to take over and if they're too busy we will affect the arrest give them their rights and cautions, investigate, and transport the perp to them and vice versa.

Though I am still awaiting your qualifications, since you asked mine and I answered.


We're not talking about someone observing a crime. We're taking about someone stopping someone for no reason in the hope they will find some evidence of some illegal activity of some sort. You know -- like Sound Choice demanding an audit with no proof of wrongdoing on a fishing expedition. Yeah. Something like that.

Your scenario actually involves a crime being committed. One doesn't appear to actually be required in my scenario.

Birdofsong

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PostPosted: Wed Jul 20, 2011 4:00 pm 
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No, Bird, if you actually read from the beginning, I have said, in Canada and supported by numerous Supreme Court decisions, police can randomly stop vehicles and conduct spot checks for licence, registration, insurance, and conditon of vehicle.

The Military Police portion pertains to actions by MPs off-base. They would not and can not randomly stop vehicles (unless it was a joint roadside checks involving a number of local forces) on civilian street. If a crime was being committed, they would intervene and hand it over to civilian authorities. On base, MPs can stop AND search vehicles under Federal legislation, without warrant.

And do not confuse civil law and criminal law.

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PostPosted: Wed Jul 20, 2011 4:04 pm 
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timberlea wrote:
And do not confuse civil law and criminal law.

Sure did take you long enough to finally agree with me!


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PostPosted: Wed Jul 20, 2011 4:28 pm 
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Agree with you about what? That criminal law and civil law are different or that the Copyright Act has both criminal and civil law aspects to it. Remember, one cannot go to jail by violating a civil law but only by a criminal law.

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PostPosted: Wed Jul 20, 2011 5:22 pm 
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Wait.. Do you mean there is not a debters prison.. :mrgreen:


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PostPosted: Wed Jul 20, 2011 7:46 pm 
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Not in the US at least there isn't I don't know about Canada.

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PostPosted: Wed Jul 20, 2011 8:02 pm 
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timberlea wrote:
No, Bird, if you actually read from the beginning, I have said, in Canada and supported by numerous Supreme Court decisions, police can randomly stop vehicles and conduct spot checks for licence, registration, insurance, and conditon of vehicle.

The Military Police portion pertains to actions by MPs off-base. They would not and can not randomly stop vehicles (unless it was a joint roadside checks involving a number of local forces) on civilian street. If a crime was being committed, they would intervene and hand it over to civilian authorities. On base, MPs can stop AND search vehicles under Federal legislation, without warrant.

And do not confuse civil law and criminal law.

Just as you should not confuse any type of Military Police (which apparently you were) that work in a very small universe with a different set of rules with the police that work in the rest of the much larger world.

Your description of jurisdiction of military police apprehending someone upon seeing a crime, is really no different than a citizen's arrest: simply detain and turn them over to real cops.


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PostPosted: Wed Jul 20, 2011 8:18 pm 
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Yeah, Chip, just ask any civilian cop, Crown Prosecutor, or Judge here about the Military Police here. I'm not sure what you mean by different set of rules. There are a few different ones but we still have to get warrants, investigate and lay charges just like the civilian police. If anything we have many more duties than our civilian counterparts. In fact many cilvilian forces hire many MPs because of our extensive training.

JD, the easiest way to differentiate the difference between the powers of a civil court judge and a criminal court judge is, the Criminal courts can impose sentences of punishment such as imprisonment, fines, forfeitures of property, among other penalties. Fines and forfeitures go to the government. Further in criminal court the Crown (or DA) have to prove their case beyond a reasonable doubt.

A civil court judge cannot do any of the above. They can award real and punitive damages, either with cash or property to the Complainant (the state gets nothing). The Complainant has to prove their case with a preponderance f evidence.

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PostPosted: Wed Jul 20, 2011 11:29 pm 
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JoeChartreuse wrote:
Let's try another analogy:

Suppose I'm sitting on my front porch, and I witness my neighbor's house getting robbed. Suppose I not only don't call the cops, but wave to the robber, and tell him if he pays me 100 bucks I won't tell anyone, and I also promise that I personally will cause him no problems. He agrees, and I get paid.


Now suppose that I happen to live in a neighborhood with a high rate of robbery, and make this same deal with other robbers on a regular basis, to the point where I actually go out looking for robberies to occur, so that I can continue to make money this way.


My question:

Am I legally liable in any way? Would it be Aiding and Abetting? Would I be considered an Accessory After The fact? Would I be civilly liable as well?

If I WERE liable, would that liability increase due to my repetition of my actions?

I would assume so, but I don't know for sure. Any answers greatly appreciated.


Now, as long as I'm on the subject, another related question:

A Purely Fictional Story

Let's say that I'm a karaoke company. Let's say that I know for a fact that permission to media shift my music has never been given by the music OWNERS.

Let's pretend that I, the karaoke company, have gone out of my way to find out that a KJ has media shifted. Now let's pretend that I told that KJ that if he paid me a certain amount of money to look at his discs, I would not tell the music owners or anyone else that I had witnessed the fact that he had media shifted without the written permission of the music OWNERS- the people who CAN give permission to do so. Not only that, I would, as the karaoke company, not give him any problems either.

Now, for the purposes of my completely fictional story that has no relation to anyone living or dead, and any similarity to the same purely accidental - and no animals have been hurt in any way during this story- I ask the following:


Would I, as The Karaoke Company, be liable ( in this fictional situation) in any way? If so, Would doing the same thing repeatedly increase my liability?


Bump. I was kind of hoping to get some chearleader opinions here.... Nothing?

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PostPosted: Thu Jul 21, 2011 3:00 am 
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i don't know Joe, but to put a twist on it, i am shifting a copyrighted piece recorded by you (the karaoke company) which you DO have authority to give me permission for. i was not shifting the original recording of "I Love This Bar" by Toby Keith, but YOUR re-recording of it, for which you paid the appropriate royalties to do with intent to resell, and THAT version, which is copyrighted by you (the karaoke company) and you have full legal authorization to allow me permission (for a fee or otherwise) to transfer. So Korn cannot give me permission to transfer their re-recording of "another brick in the wall" because Pink Floyd wrote it? they paid to re-record it, they can allow me to use their copy any way they see fit as far as i understand. however, the real authority on this board for that question would be Moonrider. Can I pay Moonrider the appropriate fee to re-record his song, and then give someone permission to use that re-recording in a public venue for profit without having to have the person using it get your permission?

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PostPosted: Thu Jul 21, 2011 3:23 am 
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timberlea wrote:
Now, what are your qualifications.


timberlea wrote:
I am still awaiting your qualifications, Diafel.


timberlea wrote:
Though I am still awaiting your qualifications, since you asked mine and I answered.


I'm kind of waiting as well.

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PostPosted: Thu Jul 21, 2011 4:20 am 
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timberlea wrote:
Yeah, Chip, just ask any civilian cop, Crown Prosecutor, or Judge here about the Military Police here. I'm not sure what you mean by different set of rules. There are a few different ones but we still have to get warrants, investigate and lay charges just like the civilian police. If anything we have many more duties than our civilian counterparts. In fact many cilvilian forces hire many MPs because of our extensive training.

Don't you mean a military prosecutor or military judge or panel?

You're making it sound like military cops are some kind of "elite squad" and the fact is they're just cops. They operate under a completely different set of rules when it comes to the public (on the base or post) as opposed to "civilian cops" as you'd attempt to minimize them in you comparison.

And when it comes to "extensive training" you must be referring to basic training.... obstacle courses, rope climbing, range shooting, marching etc. because there's nothing else that makes a military cop more marketable in a civilian world no matter what you contend.

I had a feeling you were either MP or SP (MP=Military Police SP=Shore Patrol - Navy) simply because of the way you're coming across.


Last edited by c. staley on Thu Jul 21, 2011 4:36 am, edited 1 time in total.

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