Is it really too much for us to expect CPS to, you know, follow the law? And get with the program of modern day policing?
I mean, here is a Calgary judge, former Chief Crown Prosecutor,
almost 15 years ago telling the CPS it is legal for a citizen to not only watch them but attempt to get them not to use excessive force on another citizen:
https://www.canlii.org/en/ab/abpc/do...?resultIndex=1
Quote:
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The accused was entitled to stand on a public sidewalk and observe. He was entitled to be concerned with what he perceived as police brutality. He was also entitled to attempt to curb the excessive force he believed Constable McKenzie was exerting on Mr. Meroda. In my view, if the accused’s actions are interfering with Constable Kraushaar’s providing cover and distracting her attention, then anybody on the sidewalk doing anything could be said to be interfering if it caused her to divert her attention. I do not find these actions amount to an obstruction.
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The attempt to curb excessive force in this case was the bystander trying to convince the police they were being recorded. (And yes, 'the accused' was doing that, because getting charged with a crime and being prosecuted is what you can expect in Calgary for daring to be a witness to police beating the hell out of someone).
So here's an idea, when this case hits its actual 15th anniversary, THEN can the CPS start following the law and stop trying to prevent people from lawfully scrutinizing their conduct?!?
Why are people even pretending like there was any possible legitimate basis for the officer to try to blind the citizen observer and prevent evidence from being secured?
Ask yourself this question...if this officer is prepared to behave like this when there was actually nothing happening illegal that needed to be covered up, then what is he prepared to do to prevent you from catching him and his partner(s) actually illegally beating a suspect?
Not to mention, it is every officer's statutory duty under the Police Act to not do what he did:
38(1) Every police officer is a peace officer and has the authority, responsibility and duty
(a) to perform all duties that are necessary
(i) to carry out the police officer’s functions as a peace officer,
(ii) to encourage and assist the community in preventing crime,
(iii)
to encourage and foster a co‑operative relationship between the police service and the members of the community