Quote:
Originally Posted by iggy_oi
I’ll start by saying for reasons I’m not about to get into, I have more reason than most people to not trust the police and not want to give them the benefit of the doubt in a lot of situations. I don’t think they should be allowed to wear something on their uniform just because they want to, but I also think there has to be some recognition from the police commission as to why the officers wearing the pin for reasons not related to racism or believing they should be above the law are doing so. (This appears to be the case now that they are having formal discussions with the police association)
With that being said, there’s a big difference between breaking the law and insubordination. The police commission has agreed to let them continue wearing the pin while they have some discussions about it over the next couple of weeks, not sure how what they’re currently doing could be considered as illegal or insubordinate.
If we don’t want the police being held to a different standard of law, well then we can’t hold them to a different (or made up)standard of the law when we find it convenient.
...
|
The Police Commission is not 'allowing' them to wear the symbol. The CPC has issued a direction that it must no longer be worn as of April 1, 2022 and that has in no way been rescinded. Since the decision was announced (after a
year-long consultation including the two police associations representing CPS members) the CPC has reiterated it was the correct decision and that it is expected to be followed.
The Chief announced that for the purpose of implementing the CPC directive (which he described as lawful, and acknowledged he had a legal duty to implement and enforce) he would not actively enforce the directive through disciplinary measures until attempting to obtain voluntary compliance during a 2 week period.
But, make no mistake about it, any officer wearing the symbol since April 1, 2022 is breaking the law. And not some made up law, the Alberta Police Act Section 31(2) is unequivocal:
Quote:
(2) Every police officer
(a) is, after the establishment of a commission, subject to the jurisdiction of the commission, and
(b) shall obey the directions of the commission.
|
The incomprehensible thing is that if the Thin Blue Line did not symbolize police treating themselves as above the law before, then officers quickly made it symbolize that very thing by openly and publicly declaring they would disobey the direction of the CPC by continuing to wear the Thin Blue Line symbol. Such police officers have in essence
drawn a line between police officers and the civilians who legally control the police using the Thin Blue Line. It is an astounding own-goal.
For those who belatedly wish to challenge the merits of the decision - fine. Carry on the off-duty public debate forever if you think it is that important. Maybe one day you will succeed in making it an election issue and through lawful channels available in a free and democratic society, you will get a reversal of the decision. But until then, the on-duty debate is not a thing. There is no debating a lawful direction of the Commission. The Chain of command and the rule of law established by the legislature on behalf of Albertans has said the symbol is prohibited on the uniform.
Don't like being legally obligated (secured by your own sworn oath) to follow the lawful orders of your superiors in a paramilitary police organization? You have full rights to resign and move on.
The rule of law is non-negotiable. Some laws may be 'better' or more 'necessary' than others depending on one's perspective. But sworn officers of the law do not get to select the ones they would like to follow and ignore the others. And it really is irrelevant how good of a reason you have for your personal views to the contrary.
Also, the Police Act does not give exclusive enforcement jurisdiction to the Chief of Police. So while it is possible he can adequately justify his decision to not instigate any Chief of Police initiated disciplinary proceedings for the two week period, an individual civilian does not need to permit same and can file a complaint for violation of section 31(2) of the Act against any officer defying the CPC direction. Civilians can commence enforcement themselves by submitting a complaint within the criteria of section 42.1 of the Act.
What would happen with the investigation and proceedings after that might get complicated - but it would not be because CPS officers have permission to continue wearing the symbol. They have no such permission.