RCMP Gun Grab in High River - Report is out...

[DGearyFTE]

For my own part I am hardpressed to see where the RCMP actions in some instances were not outright violations of the law. I feel a rather tersely worded letter to my MP coming on! I hardly think a 'rebuke' serves to properly address the blatant home invasions and unlawful seizure of property that occurred.

http://www.thestar.com/news/canada/2...hdog-says.html

http://www.680news.com/2015/02/12/rc...alberta-flood/

http://www.theglobeandmail.com/news/...ticle22940656/

[Wahoo]

Nothing will come of it. It seems that 'lack of leadership' and 'no plan' is code for excuses as to why no criminal charges will be laid.

Just another reason why I don't trust the state and value my privacy. No, to little, consequences for serious breaches of our rights.

[terrym]

As said above. Nothing will come of it.

[DGearyFTE]

As said above. Nothing will come of it.

Which is exactly why I plan to write the MP (in my case Pierre Lemieux). Don't have a complete list in my mind but I would expect as a minimum:
a. Charges and/or reprimand to those individuals guilty of illegal search and siezure;
b. Charges and/or reprimand to those individuals in leadership positions that condoned guilty of illegal search and siezure;
c. Changes to the RCMP accountability such that in addition to damages to property, a fine payable to the victim is imposed; and
d. Changes to the laws to protect the public from this ever occurring again.

[Mdiddi]

As said above. Nothing will come of it.

Which is exactly why I plan to write the MP (in my case Pierre Lemieux). Don't have a complete list in my mind but I would expect as a minimum:
a. Charges and/or reprimand to those individuals guilty of illegal search and siezure;
b. Charges and/or reprimand to those individuals in leadership positions that condoned guilty of illegal search and siezure;
c. Changes to the RCMP accountability such that in addition to damages to property, a fine payable to the victim is imposed; and
d. Changes to the laws to protect the public from this ever occurring again.

There is no real charge for Unlawful Search and seizure just typically legal remedies. Say for example someone was charged with Careless Storage and in this case the firearm was seizure illegal the remedy is the evidence is inadmissible therefore you can't prove the charge. In this case they have said there are no charges stemming. I don't think that is them being considerate but instead they know that they have no hope in hell in legally proving anything. The other remedy is civil.

There is a piece of paper called a report or return to justice that is required for seized property explaining the reason and circumstances of the seizure. This has to be presented following a seizure before 14 days expire. If they hadn't of neglected to do this a lot of the criticism would go away. They would have had to explain to a justice why they took it and the justice could determine if the detention of the property is justified.

I question there "plain view" justification. I don't know how many of you have your guns sitting in plain view. I question the scope of the search on this point. Why would the be going into places where people or pets wouldn't be.

Regarding A and B. They have clearly laid out that there wasn't criminal intent for the RCMP actions so I don't know that charges are appropriate . I do believe that reprimand is.more appropriate. I would say if it's rogue officers then address them but if they were following orders of superior go after them.

Regarding C this exist. It wouldn't be a fine but instead a settlement or civil remedy. Fine implies something legal imposed but in this case it doesn't exist.

Regarding D the law exist. I think it's a fine line of OK thanks for saving my dog but wtf were you doing getting my guns out of a secreted hidden location (say between a matress)? Were you looking for grandma? If some rcmp commander says go check houses for people and pets that should be the scope. If during that time they see a gun on the kitchen counter fine or in the corner by the door. Real plain view. If Commander says look for stuff that doesn't have a heart beat on purpose then the problem is him.

We could probably learn from Jersey and New Orleans. Post a note on the door. No pets or people inside. Stay out.

[Roper]

That's a terrible breach of authority. They turned a public service for the safety the residents into an unlawfull search and seizure. I suspect during the ensuing investigation, they got a lot of fingers pointing in every direction, making it hard to identify blame. Ultimately the blame starts at the top and flows down from there.

[JBen]

Public Trust...it's the be all and end all.

Agree with Mdiddi with respect to charges. The "problem" (right word?) as I see it, is this leaves the public having to go civil. Even if all affected receive settlements.

Its paid for by the tax payers, not those who stomped all over peoples rights.
Where's the accountability?
Where's the incentive not to do it again?
Where's the taking responsibility for one's actions?

Imagine a world where if all my speeding tickets were paid for by tax payers.

heads should be rolling.

oh and
gag

In a report released Thursday, the Civilian Review and Complaints Commission for the RCMP said that officers who conducted the “warrantless” seizures were undersupervised.

Yep, lets blame it on the ground troops, they weren't acting under anyone's orders or authority. Please over look the fact this then means chain of command, discipline in the RCMP is sorely lacking.

[Wahoo]

Here is a link to the web and pdf Interim Report: (the Commissioner has to review and respond before it is presented to the Minister)

https://www.crcc-ccetp.gc.ca/en/chai...igh-river#toc6

https://www.crcc-ccetp.gc.ca/pdf/highR-en.pdf

[Mdiddi]

Jben made a good point that really any settlement would be on the backs of taxpayers.

As per discipline at the command level they could reduce them in rank and therefore pay.

[Waftrudnir]

... this leaves the public having to go civil. ...

That's the part I have a problem with, too. You have your rights, but YOU have to go and fight for it (i.e. pay a fortune in legal fees).
I sometimes wonder what the accountability of our government and enforcement in this country really is. Good thing, it's too cold to grow bananas...