> ---------- Forwarded message ----------
> Date: Thu, 2 Nov 2000 23:56:47 -0500
> Reply-To: Discussion of CUPE 3903 affairs <3903TALK@YorkU.CA>
> Subject: Re: Drive throughs
> Hi all - in response to xxx's important questions about legal rights
> when people try to assault you with their cars (!!!), here is some
> info. This information was also given to all the picket captains on
> the evening shift today, and hopefully is still in the boxes for the
> new shifts tomorrow.  We have yet to make enough copies for everyone,
> but will try to make sure that all the gates have this information to
> share with everyone (and it might be helpful if an exec member could
> post this to NEWS).  It comes from a prof. at Osgoode who specializes
> in criminal law.
> Driving a motor vehicle "in a manner that is dangerous to the public, having
> regard to all the circumstances, including the nature, condition and use of
> the place at which the motor vehicle is being operated and the amount of
> traffic that at the time is or might reasonably be expected to be at that
> place" is a crime under section 249(1) and (2) of the Criminal Code of
> Canada, punishable by up to five years of imprisonment whether or not
> is injured. If it causes bodily harm, the punishment is up to 10 years
> imprisonment under section 249 (3).
> Failure to stop at the scene of an accident, give one's name and address and,
> where any person appears to have been injured, offer assistance, if done with
> intent to escape civil or criminal liability, is a crime punishable by up to
> five years imprisonment under section 252.
> Provocation is no defence to any of these charges.
> Obstruction of the highway is no defence to any of these charges.
> To be guilty of these offences, one does not have to commit them on a public
> road; they can be committed anywhere, including on private property.
> The deliberate failure of the police to arrest and charge drivers found
> committing these offences could make the police parties to the offence(i.e.
> equally guilty) by aiding and abetting ("abetting" means encouraging)under
> section 21 of the Criminal Code. It would certainly give rise towell-founded
> complaints of police misconduct.
> People witnessing these offences are entitled to insist that the police act
> to protect them by arresting and charging offenders. If they do not,
> witnesses can attend at a Justice of the Peace and lay charges themselves
> against the driver and, in a proper case, the police. They may also attendat
> a given officer's Division and lodge a formal complaint against the officer.

picket safety - judge's comments