Sorry, is an MPP saying ‘send bricks’ in reference to the Peel chief of police?
CDN/US Covid-related political discussion
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lenaitch
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Indeed. The Ontario/Quebec border, particularly Hwy 401 and 417 and the Ottawa/Gatineau area will be tricky and labour intensive. The Ontario/Manitoba border not so much.
Under O. Reg 265/21, there is a list of valid reasons to be out-and-about, including curbside pick-up, groceries, etc.; basically, to patronize businesses and institutions that are permitted to be open. I suppose if you are dumb enough to say you are heading to the cottage or going to visit friends, that's on you.
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Randy's gonna Randy.
Ottawa Citizen has OPS apparently reaching out to OPP and the RCMP for potential assistance with the interprovincial bridge checkpoints. I’m not sure how the latter would work given that that Mounties have no provincial statute authority... I guess SolGen could simply designate them if need be.
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Just to clarify (and slightly off topic), before the new rules that started at 12:01 today, you were allowed out for exercise and allowed to gather with up to five people outdoors (with social distancing and/or masks). The "stay at home" order didn't mean you were a prisoner in your own home.
Under the new restrictions, you are still allowed to go out for exercise but you are only allowed to gather with members of your own household (single people can gather with one other household).
Back to your regularly scheduled topic.
Under the new restrictions, you are still allowed to go out for exercise but you are only allowed to gather with members of your own household (single people can gather with one other household).
Back to your regularly scheduled topic.
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So in my world....no change
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Any of the bridges passing through NCC land?
Champlain and I believe Portage are both NCC. But that’s not strictly relevant; the NCCTPR confers no authority on RCMP to enforce any of the provisions of the Emergency Management and Civil Protection Act. RCMP can enforce traffic laws on those bridges and any of the ‘black-signed’ NCC parkways, but the province would need to specifically name them for EMCPA.
lenaitch
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While the RCMP are likely not designated as Provincial Offences Officers (assuming - uniformed members in Ontario/NCR might be), they are still police officers. The term is not defined in the Emergencies Act, Highway Traffic Act or Police Services Act. The Criminal Code generally defining 'police officer' as someone "employed for the preservation and maintenance of the public peace" which is mirrored by the Ontario Provincial Offences Act.
G2G raises a good point about NCC properties.
Police Services Act definitely defines it.
““member of a police force” means an employee of the police force or a person who is appointed as a police officer under the Interprovincial Policing Act, 2009; (“membre d’un corps de police”)
“police force” means the Ontario Provincial Police or a municipal police force; (“corps de police”)
“police officer” means a chief of police or any other police officer, including a person who is appointed as a police officer under the Interprovincial Policing Act, 2009, but does not include a special constable, a First Nations Constable, a municipal law enforcement officer or an auxiliary member of a police force; (“agent de police”)”
RCMP are explicitly not police in Ontario for provincial legislation unless specially appointed. The uniformed members in Ottawa who can write tickets for HTA stuff are all sworn Special Constables designated by OPS. The RCMP members working the border detachments are generally appointed special constables by the OPP. Those designations empower them under limited and specific provincial statutes. EMCPA isn’t one of them. Now, that’s an easy fix- but the fix would still be needed.
lenaitch
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And you might be right. I'm hanging my hat (and absolutely no money) on the highlighted phrase, which doesn't include words to the effect 'appointed under this Act' or make reference to whom they work for. I don't know if it has ever be adjudicated. The practical reality is the likely authority would be limited to 'stop and enquire' (perhaps considered assisting OPS/OPP). Even if they were quickly designated as Provincial Offences Officers for actual enforcement purposes, the way the system now works, each would have to be entered into the MAG system for Part I POA offence notices or go by Part III summons. Gone are the days of simply handing out ticket books and saying go forth and enforce.
Retired AF Guy
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According to this CTV report not all police forces will be stopping people at random. From the article:
"Several police services have said Friday that they will not be randomly stopping people. They include Waterloo Regional Police, Peterborough Police, Guelph Police, London Police and Ottawa Police."
Question. If interprovincial travel is a federal responsibility could the RCMP just not be positioned on the bridges themselves as opposed to provincial and municipal at each end?
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It's not. The legal authority to prevent entry by land from Quebec or Manitoba is under Ontario Regulation 293/21, a regulation empowered by the Emergency Management and Civil Protection Act, an Ontario law. It can be enforced by those granted the authority to do so by Ontario law. It defines 'Enforcement Official' and lists several categories of people who have the authority to enforce it. As RCMP are not, by default, 'police' in the province of Ontario for provincial statute, only RCMP who have some specific designation could enforce it.
While RCMP have jurisdiction for traffic enforcement over two of the bridges in Ottawa/Gatineau (I know, it's weird), that's not authority found under provincial law, but by separate federal statute, the National Capital Act and associated regulations. So- if Ottawa Police wants to ask for RCMP help with the 'border order', they'll need to make sure that they either employ RCMP officers with existing designations for provincial statutes (HTA authority would appear to suffice under the emergency order), or they would need to get the Solicitor General to designate them specially for that task.
Jarnhamar
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Looks like you called it. More and more police seem to be saying they won't randomly be pulling people over for spot checks.
That wasn’t even what I was asking. But thanks. Brihard answered the question.
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For the first time in Canadian political history, the NDP is concerned about health care expenditures.
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