crime and

punishment

NORTH Vancouver District Council stepped uneasily into a grey area last week with their 5-2 motion to ask the Federation of Canadian Municipalities to request the federal gov- ernment to better regu- late the prohibition of pepper spray.

Tam very much a propo- nent of law and order, as reg- ular readers will, no doubt, understand. | am very much in favor of providing the police and the courts with the appropriate tools to bet- ter do their job which, ! like to continually remind the courts, is to protect the pub- lic and society in general. Bur T have a problem with coun- cil’s resolution and the initi- ating request by Inspector Gordon MacRae of the North Van RCMP detach- ment.

A similar request has also been made by Surrey RCMP to their focal council.

Pepper spray, or Olcoresin Capsicum Spray (OC spray as it is colloquially known), has been used in several high- profile armed robberies, most

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recently at Oakridge mall and Park Royal.

No argument there.

There are also numerous documented cases of “mis- chief” in which young idiots have acrated a shopping mall or other public place, causing the need for a fire depart- Ment response to ventilate the building. No question these are dangerous and intolerable examples of inap- propriate usage of the spray.

But there are already legal tools at the disposal of the police in dealing with these incidents. OC spray is defined as a prohibited weapon under the minister’s regulations rel- ative to weapons in the Criminal Code. The police argue that the definition is, in itself, a loophole providiag an inherent defence to someone charged under this provision.

Essentially, the Governor- in-Council order states, “any liquid, spray, powder or other substance that is capable of injuring or otherwise incapac- itating a person” is prohibit- ed. Certainly, OC spray falls under that category, leaving an intended victim with painful, itching, watering cyes and various other temporary afflictions.

The police argument sug- gests if somcone simply indi- cates they carry it for defence against animals, not persons as defined, there cannot be a conviction. This is why there are no substantive convictions of anyone found carrying the spray.

Fair enough, given the fact many women carry a small canister on a keychain in their purse. And why not?

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Indeed, North Van Councillor Glenys Deering: Robb is very concerned about the safery of people walking the streets. Given our crime figures, she should be concerned.

She argued at the council meeting, “There’s human animals out there. It’s scary out there. It ain’: much ... but you're taking away every- thing we've got.”

Youché, councillor.

And may [ add the courts have done precious little to protect society in general, and women in particular, that there is little option left to them but to carry some type of weapon for their own pro- tection.

You see, the police already have a built-in section of the Criminal Code for anyone who may deign to use OC spray as an offensive weapon.

Section 87 of the Criminal Code states, “Every one who carries or has in his Posses- sion a weapon or imitation thereof. for a purpose dan- gerous to the public peace or tor the purpose of commit- ting an offence, is guilry of an indictable offence and liable to imprisonment for a term nat exceeding 10 years.”

Since the Governor-in- Council order detines the spray as a “weapon,” it appears to me that the police have sufficient ammunition in that charge for anyone who may carry or use pepper spray in a robbery or other such illegal event.

Equally, Section 245 of the Code provides for a charge of “administering 2 noxious substance” for the genctically disentranchised who take amusement in blowing off a canister ina

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§ Pepper spray resirictions not needed

public place.

I don’t doubt for a moment the good intentions of both the police and coun: cil in their actions. However, 1 fail to see how going after an item carried by many law- abiding people strictly as a defence mechanism, in a soxi- ety where more and more people are becoming victims of a system where the only

rights that matter are those of

the individuals perpetrating

the crimes, makes any sense. Especially when the appropri- ate tools are already at hand for the police and the courts.

It is simply a matter of effectively using what already exists against the persons who are committing the offences. It is not necessary to kill a mosquito with a MAC 10 machine gun, so to speak. A well-aimed smack usually does the trick.

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