TESTIMONIAL......

 

“We were confident that they would integrate our values into their approach and maintain a professional image while carrying out their service on behalf of our organization.”

 

Dennis Watson
V.P. & General Manager
CKCO T.V.

 

 

 

TESTIMONIAL......

 

“The level of communication was exceptional. A strike is not a 9 to 5 event and CIS monitored the union’s actions 24/7”

 

Wayne Huska
Southern Ontario Terminals Manager
Lafarge Canada Inc.

 

 

 

 

Legal Aspects

*The following information is provided for your information. This information has not been acquired directly from the Criminal Code of Canada. Sources of script presented here have been researched from reputable internet sources. We ask that you please consult with your legal counsel on any matters you may wish to pursue legally.

Preventing breach of peace
Suppression of Riots
Obeying order of peace officer
Apprehension of serious mischief
Self-defense against unprovoked assault
Extent of justification
Self-defense in case of aggression
Defense of personal property
Assault by trespasser
Trespassing at night
Assault by trespasser 2
Defense with claim of right
Defense without claim of right
Defense of house or real property
Breach of Contract, Intimidation and Discrimination
Intimidation
Intimidation of a justice system participant or a journalist
Prohibited conduct
Section 140 (Public Mischief) of the Criminal Code of Canada
Excerpt from Section 140 (Public Mischief)





 

Preventing breach of peace


30. Every one who witnesses a breach of the peace is justified in interfering to prevent the continuance or renewal thereof and may detain any person who commits or is about to join in or to renew the breach of the peace, for the purpose of giving him into the custody of a peace officer, if he uses no more force than is reasonably necessary to prevent the continuance or renewal of the breach of the peace or than is reasonably proportioned to the danger to be apprehended from the continuance or renewal of the breach of the peace.


 

Suppression of Riots


Use of force to suppress riot
32. (1) Every peace officer is justified in using or in ordering the use of as much force as the peace officer believes, in good faith and on reasonable grounds,
(a) is necessary to suppress a riot; and
(b) is not excessive, having regard to the danger to be apprehended from the continuance of the riot.

 

Obeying order of peace officer


(3) Every one is justified in obeying an order of a peace officer to use force to suppress a riot if

(a) he acts in good faith; and
(b) the order is not manifestly unlawful.

 

 

Apprehension of serious mischief


(4) Every one who, in good faith and on reasonable grounds, believes that serious mischief will result from a riot before it is possible to secure the attendance of a peace officer is justified in using as much force as he believes in good faith and on reasonable grounds,
(a) is necessary to suppress the riot; and
(b) is not excessive, having regard to the danger to be apprehended from the continuance of the riot.

 

Self-defense against unprovoked assault


34. (1) Every one who is unlawfully assaulted without having provoked the assault is justified in repelling force by force if the force he uses is not intended to cause death or grievous bodily harm and is no more than is necessary to enable him to defend himself.


 

Extent of justification


(2) Every one who is unlawfully assaulted and who causes death or grievous bodily harm in repelling the assault is justified if
(a) he causes it under reasonable apprehension of death or grievous bodily harm from the violence with which the assault was originally made or with which the assailant pursues his purposes; and
(b) he believes, on reasonable grounds, that he cannot otherwise preserve himself from death or grievous bodily harm.
R.S., 1985, c. C-46, s. 34; 1992, c. 1, s. 60(F).

 


Self-defense in case of aggression


35. Every one who has without justification assaulted another but did not commence the assault with intent to cause death or grievous bodily harm, or has without justification provoked an assault on himself by another, may justify the use of force subsequent to the assault if
(a) he uses the force
(i) under reasonable apprehension of death or grievous bodily harm from the violence of the person whom he has assaulted or provoked, and
(ii) in the belief, on reasonable grounds, that it is necessary in order to preserve himself from death or grievous bodily harm;
(b) he did not, at any time before the necessity of preserving himself from death or grievous bodily harm arose, endeavour to cause death or grievous bodily harm; and
(c) he declined further conflict and quitted or retreated from it as far as it was feasible to do so before the necessity of preserving himself from death or grievous bodily harm arose.
R.S., c. C-34, s. 35.

 


Defense of personal property


38. (1) Every one who is in peaceable possession of personal property, and every one lawfully assisting him, is justified
(a) in preventing a trespasser from taking it, or
(b) in taking it from a trespasser who has taken it,
if he does not strike or cause bodily harm to the trespasser.

 

 

Assault by trespasser


(2) A trespasser who resists an attempt by a person who is in peaceable possession of a dwelling-house or real property, or a person lawfully assisting him or acting under his authority to prevent his entry or to remove him, shall be deemed to commit an assault without justification or provocation.
R.S., c. C-34, s. 41.



Trespassing at night


177. Every one who, without lawful excuse, the proof of which lies on him, loiters or prowls at night on the property of another person near a dwelling-house situated on that property is guilty of an offence punishable on summary conviction.
R.S., c. C-34, s. 173.


 

Assault by trespasser


(2) Where a person who is in peaceable possession of personal property lays hands on it, a trespasser who persists in attempting to keep it or take it from him or from any one lawfully assisting him shall be deemed to commit an assault without justification or provocation.
R.S., c. C-34, s. 38.


 

Defense with claim of right


39. (1) Every one who is in peaceable possession of personal property under a claim of right, and every one acting under his authority, is protected from criminal responsibility for defending that possession, even against a person entitled by law to possession of it, if he uses no more force than is necessary


 

Defence without claim of right


(2) Every one who is in peaceable possession of personal property, but does not claim it as of right or does not act under the authority of a person who claims it as of right, is not justified or protected from criminal responsibility for defending his possession against a person who is entitled by law to possession of it.
R.S., c. C-34, s. 39.



Defence of house or real property


41. (1) Every one who is in peaceable possession of a dwelling-house or real property, and every one lawfully assisting him or acting under his authority, is justified in using force to prevent any person from trespassing on the dwelling-house or real property, or to remove a trespasser therefrom, if he uses no more force than is necessary.



Breach of Contract, Intimidation and Discrimination

 

Intimidation


423. (1) Every one is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who, wrongfully and without lawful authority, for the purpose of compelling another person to abstain from doing anything that he or she has a lawful right to do, or to do anything that he or she has a lawful right to abstain from doing,
(a) uses violence or threats of violence to that person or his or her spouse or common-law partner or children, or injures his or her property;
(b) intimidates or attempts to intimidate that person or a relative of that person by threats that, in Canada or elsewhere, violence or other injury will be done to or punishment inflicted on him or her or a relative of his or hers, or that the property of any of them will be damaged;
(c) persistently follows that person;
(d) hides any tools, clothes or other property owned or used by that person, or deprives him or her of them or hinders him or her in the use of them;
(e) with one or more other persons, follows that person, in a disorderly manner, on a highway;
(f) besets or watches the place where that person resides, works, carries on business or happens to be; or
(g) blocks or obstructs a highway.

 

 

Intimidation of a justice system participant or a journalist


423.1 (1) No person shall, without lawful authority, engage in conduct referred to in subsection (2) with the intent to provoke a state of fear in
(a) a group of persons or the general public in order to impede the administration of criminal justice;
(b) a justice system participant in order to impede him or her in the performance of his or her duties; or
(c) a journalist in order to impede him or her in the transmission to the public of information in relation to a criminal organization.

 


Prohibited conduct


(2) The conduct referred to in subsection (1) consists of
(a) using violence against a justice system participant or a journalist or anyone known to either of them or destroying or causing damage to the property of any of those persons;
(b) threatening to engage in conduct described in paragraph (a) in Canada or elsewhere;
(c) persistently or repeatedly following a justice system participant or a journalist or anyone known to either of them, including following that person in a disorderly manner on a highway;
(d) repeatedly communicating with, either directly or indirectly, a justice system participant or a journalist or anyone known to either of them; and
(e) besetting or watching the place where a justice system participant or a journalist or anyone known to either of them resides, works, attends school, carries on business or happens to be.

 

 

Section 140 (Public Mischief) of the Criminal Code of Canada


Public Mischief is when someone provides false information, which causes a police officer to start or continue an investigation unnecessarily. The effect of Public Mischief is to cause a police officer to spend time and public money in a futile investigation and deprive the public of their services for other matters.
Examples:
a. Making a false statement accusing another person of an offence.
Example: A person says "I saw Gerry Smith painting on the school wall", knowing all the time it was not true.
b. Doing anything intending to cause some other person to be suspected of an offence the other person did not commit, or diverting suspicion from oneself.
Example: Planting evidence in someone else's car.
c. Reporting an offence, when in fact it has not been committed.
Example: A person reports their car stolen, knowing that it has not been stolen.

 

 

Excerpt from Section 140 (Public Mischief) of the Criminal Code of Canada


1. Every one who commits public mischief who, with the intent to mislead, cause a peace officer to enter on or continue an investigation by

(a) making a false statement that accuses some other person of having committed an offence;
(b) doing anything intended to cause some other person to be suspected of having committed an offence that the other person has not committed, or to divert suspicion from himself;
(c) reporting that an offence has been committed when it has not been committed; or
(d) reporting or in any other way making it known or causing it to be make known that he or some other person has died when he or that other person has not died.

2. Every one who commits public mischief

(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or
(b) is guilty of an offence punishable on summary conviction.

 

 

 

 

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