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#229931 - 08/17/11 01:43 AM Re: Edmonton cops vow crackdown on knives [Re: Nato7]
Denis Offline
Addict

Registered: 01/09/09
Posts: 631
Loc: Calgary, AB
Originally Posted By: Nato7
If the Edmonton police make good on their original media release - we may very well see the upstanding citizen prosecuted for that very offence.

The worst possible outcome is for the courts to establish precedence and for that decision to spread throughout the rest of the country.

Hey, if we ever run into a situation even remotely like what's going on in NY I will definitely be concerned. However, I'm just not convinced that is going to happen up here.

Look at the case discussed earlier, for example. Puddy was in the front of the crowd at the G-20 protests sporting a mohawk, dressed all in black (similar in style to the "Black Block", potentially violent protesters) with a t-shirt with the words "Police Bastards" on it and was carrying a knife which met the legal definition of a prohibited weapon.

And yet, the judge found he was simply a hard working, respectful guy and found him not guilty of a prohibited weapons charge even though the knife met that legal definition.

Back to the Edmonton case specifically, the Edmonton Journal article mentions the police intend to use section 88 as the primary basis for their crackdown. In reading this section, it doesn't say it is illegal to carry or possess a weapon. Rather, it's illegal to carry or possess a weapon "for a purpose dangerous to the public peace or for the purpose of committing an offence" (section 91 is the one which makes simple possession illegal, but that only applies to prohibited weapons). The Crown will need to prove that the individual charged is in possession of the weapon for one of these reasons.

A more likely scenario that could impact otherwise law-abiding people was mentioned in that article though; the possibility of amending the Alberta Liquor and Gaming Act to prohibit carrying knives into bars and nightclubs.

This is actually similar to the what the Calgary city council did a little while ago when it enacted its Public Behavior bylaw. It's now a bylaw infraction if you "carry a visible knife in any public place." If I recall correctly, this aspect of the bylaw came from the fact that there was nothing illegal about panhandlers having hunting knives on their belts which was intimidating some people (the whole bylaw seems largely targeted at controlling the behaviour of the homeless and other non-business type people downtown).

That said, its unlikely this bylaw is going to be widely enforces so those outside of the "targeted" groups likely have little to fear.
_________________________
Victory awaits him who has everything in order — luck, people call it. Defeat is certain for him who has neglected to take the necessary precautions in time; this is called bad luck. Roald Amundsen

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#229938 - 08/17/11 02:07 AM Re: Edmonton cops vow crackdown on knives [Re: Denis]
chaosmagnet Offline
Sheriff
Carpal Tunnel

Registered: 12/03/09
Posts: 3819
Loc: USA
Originally Posted By: Denis
That said, its unlikely this bylaw is going to be widely enforces so those outside of the "targeted" groups likely have little to fear.


Until they change their minds.

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#229944 - 08/17/11 03:00 AM Re: Edmonton cops vow crackdown on knives [Re: Denis]
ireckon Offline
Pooh-Bah

Registered: 04/01/10
Posts: 1629
Loc: Northern California
Originally Posted By: Denis
Originally Posted By: Nato7
If the Edmonton police make good on their original media release - we may very well see the upstanding citizen prosecuted for that very offence.

The worst possible outcome is for the courts to establish precedence and for that decision to spread throughout the rest of the country.

Hey, if we ever run into a situation even remotely like what's going on in NY I will definitely be concerned. However, I'm just not convinced that is going to happen up here.


I don't understand how you could be this smug. The opposite would make more sense if we think about the federal laws. As you know, the Canadian legal system has its foundation in the British common law system. This alone would make me nervous.

The U.S. fought a bloody revolution to get away from the British mindset. The U.S. Constitution includes the Second Amendment, which codifies the intent not to infringe on one highly important individual liberty. The right to keep and bear arms is a close relative to these knife laws.

NYC is an anomaly. With the right case facts and constitutional lawyers, NYC's nanny state laws can be turned around at least a little. With the help of the right lawmakers, NYC laws can be turned around a lot.
_________________________
If you're reading this, it's too late.

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#229945 - 08/17/11 05:19 AM Re: Edmonton cops vow crackdown on knives [Re: ireckon]
Denis Offline
Addict

Registered: 01/09/09
Posts: 631
Loc: Calgary, AB
Originally Posted By: ireckon
I don't understand how you could be this smug.

Sorry, that's really not my intention.

While I appreciate your perspective, I am just not seeing any real reason for concern. We aren't talking about proposed legislative changes or newly implemented laws here. These are the same laws that have been on the books for years, likely decades.

Granted, if the police start trying to charge people in ways they haven't in the past and the judges start convicting based on new precedents, then yes I would agree there could be reason for concern. However nothing like this has happened that I'm aware of and I've seen no indication that anything like it is in the works.

All we have here is a press conference where the police are trying to reassure the public that they have a plan to combat knife related crime. I don't see any reason to think that there is anything happening that can or will impact the general public.

Frankly, I'm not even convinced they will have much success targeting the bad guys with this approach given the law, though I wish them the best of luck with cracking down on the thugs up there.

All that said, it is probably wise to keep our eyes on the situation up there in case they do start lobbying for some type of legislative change.

Originally Posted By: ireckon
The U.S. fought a bloody revolution to get away from the British mindset. The U.S. Constitution includes the Second Amendment, which codifies the intent not to infringe on one highly important individual liberty. The right to keep and bear arms is a close relative to these knife laws.

I can see how you would disagree with the way our laws are as they stand. I'm not trying to arguing our laws are better or ideal. All I'm trying to do is say what the law is and how I see it applying to your average, law abiding knife owner.
_________________________
Victory awaits him who has everything in order — luck, people call it. Defeat is certain for him who has neglected to take the necessary precautions in time; this is called bad luck. Roald Amundsen

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#229946 - 08/17/11 05:32 AM Re: Edmonton cops vow crackdown on knives [Re: chaosmagnet]
Denis Offline
Addict

Registered: 01/09/09
Posts: 631
Loc: Calgary, AB
Originally Posted By: chaosmagnet
Originally Posted By: Denis
That said, its unlikely this bylaw is going to be widely enforces so those outside of the "targeted" groups likely have little to fear.

Until they change their minds.

True, that's a very valid point; not that I ever thought this bylaw was a good idea.
_________________________
Victory awaits him who has everything in order — luck, people call it. Defeat is certain for him who has neglected to take the necessary precautions in time; this is called bad luck. Roald Amundsen

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#229950 - 08/17/11 09:42 AM Re: Edmonton cops vow crackdown on knives [Re: Denis]
Nato7 Offline
Newbie

Registered: 08/28/06
Posts: 28
Loc: Ontario, Canada
Originally Posted By: Denis
True, that's a very valid point; not that I ever thought this bylaw was a good idea.


Let's hope that this does not blossom into another bill C-68 (Firearms act).

The fallout from that document is still being sorted out some 20 years on.
_________________________
They will swing back to the belief that they can make people...better. And I do not hold to that. So no more runnin'. I aim to misbehave.

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#229992 - 08/17/11 11:27 PM Re: Edmonton cops vow crackdown on knives [Re: Susan]
Roarmeister Offline
Old Hand

Registered: 09/12/01
Posts: 960
Loc: Saskatchewan, Canada
Originally Posted By: Susan
Quote:
The judge recognized it was an ordinary, legal knife which could have unintentionally developed the characteristics of a prohibited weapon.


I've read about that kind of decisions by judges in both Canada and Britain. Apparently, they are at least somewhat interested in the INTENT of the law.

Here in the U.S., that doesn't seem to be the case -- here it is only the LETTER of the law. Here, judges seem to be nothing but tax collectors in black robes.

.snip
Sue


There is always a juggling act between the two directions. I know cops who have basically told me that unless I use or brandish a pocket knife as a weapon it would likely be considered a tool first and LEOS wouldn't have a problem with it in the first place. Once the user crosses that line, however, the gloves come off. There are enough knife laws out there to allow our LEOS to make the call in the field. The problems come when politicians wanting to make a name for themselves or simply (and honestly) just fed up with knife based crimes try to get MORE laws passed. As if making a knife 2x or 3x illegal will get more of them out of the hands of criminals! [I never did understand their logic]. The other type of law would be to narrow the definition of what is a permitted knife in the first place. This is a far reaching type of change that would make some legal tools into illegal weapons.

Knife usage in crimes is on the increase (at least in the media visibility but perhaps not so much in reality). Each jurisdiction has to make a balance depending on the general mood of the public. I don't know about your area but where I live the lion's share of actual violence is a direct result of a "house party" where the occupants (almost always - natives) get drunk, an argument breaks out and a kitchen knife is used.

The other side is the native gangs who grab or make anything cheap and sharp and menacing to use. "Dime store" machetes are the recent trend. They will use the weapon to threaten, force and provoke issues including territorial fights. This is the biggest thing that the politicians are after when they talk of more laws and greater prosecution of the existing laws. The problems begin where the law abiding citizens get sideswiped in the process.

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