Why arrest when you can drum!

- January 8th, 2013

Ontario court judge David Brown now knows why police in Sarnia didn’t bother following his court order to clear a CN Rail line, they were too busy drumming. Brown, a judge with the Ontario Superior Court of Justice, issued an order for a blockade in Sarnia to be removed on December 21, 2012 but police did not act on the order until January 2, 2013 after another order was issued by another judge.

Thanks to viewers who sent this in, we now know why the order was not enforced – the cops were too busy joining the drum circle.

Now for those that cannot see the insignia or doubt that it is real, the Sarnia police force confirmed that it is indeed one of their own in the video, Staff Sgt. Jeff Hodgson. From The Sarnia Observer:

“It was done to foster goodwill,” said Const. Heather Emmons, media relations officer for the Sarnia Police Service, noting that Hodgson had stopped by the blockade while on duty last week.

“And to build trust, rapport and friendship – with an understanding of their protest.

“This has been a peaceful protest; we’ve had no issues or problems.”

Ummm, yeah, no issues or problems except your failure to enforce a court order.

In another ruling issued yesterday, Justice Brown lamented the previous inaction by police agencies in resolving blockades and asked why the same property owner was forced to go to the courts once again.

“The repeated applications by a major railway owner to this Court in the past few weeks to secure injunctions to remove blockades of their operating lines prompt the larger question of why, in these sorts of circumstances, a property owner has to resort to the courts for a remedy.”

The simple answer, which Justice Brown had given in a December 27th ruling, explained it all. On the 27th, Justice Brown was forced to remind Sarnia Police of their duty to enforce his December 21st court order.

With all due respect to the Sarnia Police, local police agencies cannot ignore judicial orders under the guise of contemplating how best to use their tactical discretion.  Such an approach would have the practical effect of neutering court orders.  It is not the purpose of a court order simply to initiate talks or consultations between the police and those whom the court has found to have breached the law.  A court order is not one amongst several chips to be played in an on-going contest between the police and transgressors of legal rights.  On the contrary, a court order is intended to initiate the process of bringing unlawful conduct to an end in a short period of time so that the harm which the court has found to be irreparable is brought to an end.

The question has obviously arisen, are police facing political pressure not to enforce court orders? Given that the latest cases involve the Ontario Provincial Police someone had the bright idea to ask Premier Dalton McGuinty.

McGuinty says he isn’t telling police how to conduct their business.

“In our democracy we do not direct the police,” McGuinty said Tuesday in Ottawa. “That would be inappropriate.”

I’ll bet Gwen Boniface and Julian Fantino, the two OPP chiefs most responsible for the mess at Caledonia, would beg to differ. McGuinty has been directing a two-tier policing system in the Caledonia area since the protest began in 2006.

They say that Lady Justice is blind but we know that isn’t the case in Canada. Not when it comes to the laws, the police or the courts. Justice Brown may be trying to do the right thing here but he has an entire system stacked against him.

The idea that we are all equal before and under the law in Canada is a quaint idea from another era when people actually spoke of equality and not of identity.

Categories: Politics

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29 comments

  1. Murray Risling says:

    Scandal plagued McGuinty government, TDSB,Caledonia, OPP smokin the peace pipe and bangin the drums instead of enforcing the law…. I dont know whats in the water supply down east, but I sure in hell hope it doesnt come down here.

  2. Stephen Smith says:

    OPP Commish said yesterday that he told his officers not to do it because he didn’t want one of his men dead from a bullet over a railway crossing.

    Much as you’d like to make this into another of your Liberal conspiracy diatribes its not. This is simply the police failing to enforce the law they are duty bound to do.

    If you have a grip place it where it belongs right in the laps of the OPP.

    When the police fail to enforce court orders for whatever reason then I guess we can all assume we now live a police state where they make the rules.

  3. Joey says:

    The judiciary needs to send a strong message to police services AND their political masters (especially, it seems, to those in Ontario)….that message is “if you ever again do not enforce a court order, you will be charged with contempt of court.

  4. Mark Kirbyson says:

    There is nothing equal about Canada you are guilty and now you need proof of innocences.

  5. Frank Fata says:

    Golly gee wiz, my fellow Canadians, chief “please pass some more the soup” spence wants the meeting cancelled on Friday.

    Is it possible that maybe, just maybe, spence has been left off the invitation list ?? Pray tell us. We really want to know (maybe I’ll check in the National Enquirer for more information).

    I believe the next time we see this broad it could be on “Saturday Night Live”. She certainly offers a lot of fodder for a comedy skit or two.
    Except for 1 thing, this broad is absolutely sickening, pathetic and an absolute embarrassment to her race and all Canadians.

    Shame on this Conservative majority government for letting this gong show and fraudulent activity to go on for so long !!!!!!

  6. SDB says:

    Wondering out loud – does this open the Sarnia Police force to a Civil Suit from CN Rail – whereby CN Rail could go after the Sarnia Police for losses and damages through negligence to enforce? Fairly certain that most taxpayers might be appalled at what that would cost the City….

  7. Elilla says:

    Joey, the judiciary is complicit in ordering the police not to enforce the laws. It comes down from the Primers office through the Crowns office.

  8. Stan says:

    This is a little off topic, but Michael Coren and Ezra commented on Spence’s spokeman comparing Spence to Jesus.
    I think he might have had a point there, after all Jesus fed the multitudes with a few fish and a couple of loaves of bread, and Spence seems to be gaining weight on a diet of fish broth.

    Or so they say…

    Is this miracle fish broth on the same level as feeding the multitudes?
    Who are we to judge that?

    Maybe we should have scientists analyzing this amazing fish broth, looks like we could solve world hunger in an afternoon if we could just get the recipe to this miracle diet.

  9. Alain says:

    I thought refusing to obey a court order had consequences, and I am certain there would be for regular citizens. Why has no action been taken against the cops in question?

  10. Ken Petkau says:

    “The idea that we are all equal before and under the law in Canada is a quaint idea from another era when people actually spoke of equality and not of identity.”

    That sums it up well Brian.

  11. Jim Eckstein says:

    Strongly support the brave officer that joined the drum circle. As the commish indicated . . . . it would not be the distant Judge carrying out the order and putting his wellbeing into doubt.
    Commend him for showing that cops can be something more than mindless instruments of blindly carrying out orders.
    These are not just disorderly natives, they are Canadians with a right to protest as the cop has a right to join.

  12. ethier gaston says:

    Simply disgraceful and incompetent 2 way law, discrimination against non aboriginals.

  13. Verna says:

    Thats just awesome. Glad to know they support us. Idle No More we shall. :)

  14. Gary Marshall says:

    I certainly hope CN goes after the bands and people involved for the losses incurred. They should also play the video as evidence of police complicity in failing to follow the instructions of court officials.

    What a disgrace!

    GM

  15. Stan says:

    What other crimes can one commit if you have a drum?
    Is it legal to rob a bank if you are banging on a drum?
    How about murder, or rape, or stampeding cattle through the Vatican?
    Are those all legal if you are thumping away on a drum?

  16. Bothside says:

    Way to go to this police officer!

  17. Larry Bennett says:

    Had this been an elderly lady standing outside an abortion clinic handing out pamphlets, they would (and have) be all over her. This is just another reason that people are beginning to disrespect our police officers, they are acting cowardly in the face of duty. It is not their choice to make moral decisions on these matters, it is their job, to enforce court orders! Not only at human chop-shops, but on private property being blockaded by Natives. The pol,ice have no right to partake in this, unless they are off duty, at which time, they should be arrested and taken away!

  18. Ryan says:

    Doesn’t CN have its own police force? You would think they would be able to enforce the judge’s ruling and *GASP* arrest the Sarnia Police Officer for violating the judge’s ruling.

    This apartheid has got to stop. How does someone born in the same hospital as me have more rights than me? We all know if I was camped out on a set of railroad tracks I would be arrested before a train even had to slow down.

    Its time Non aboriginal Canadians stand up and demand equal rights. If the natives aren’t careful they are going to spark a race war. You don’t win any friends by blockading vital transportation networks.

    I propose we give the natives the deeds to their lands on the reserves. Then we cut all funding above and beyond the avg. Canadian. That way the chiefs won’t be able to hold back housing from the average Indian. But that would just reward the hard working and fiscally responsible. Can’t have that. Pour more money on the fire and keep the millionaire chiefs happy.

  19. ∞² says:

    “OPP Commish said yesterday that he told his officers not to do it because he didn’t want one of his men dead from a bullet over a railway crossing.”

    Let’s not call them officers then … the OPP commish should be anointed as the head meter maid. Respect and pay them accordingly.

  20. Robert of Penticton says:

    When the two-tiered justice system reaches the level of street cops, it has gone too far. Historians will make the beginning of the end of our legal system at the point where we allowed race to become a determinant for equality before the law.

  21. Douglas says:

    Courts are not necessarily all about justice and truth, they are mostly about acceptable facts as proven by the parties in the contest that comes before the judge. Truth and justice comes from the hearts of men and women, the same place where evil comes from as can be seen from the various commentary posted here.

  22. J.O says:

    MR. Fata should read everything he can about the Idle No More movement and what it stands for…read the bill it started especially…..because I would still like to hunt and fish in the clean waters of ontario in the years to come… and kudos to the officer….:)

  23. Gord White says:

    If Sarnias chief of police thinks he needs to move slowly then to bad what justice whatever whines about. The judiciary of this country sit in their ivory towers passing their enlightening wisdom down on us uneducated folk. Why should someone get hurt or die for a replaceable piece of nothing. Get the problem negotiated if it takes time problems like these usually do.

  24. richfisher says:

    Hiya hiya hiya hiya.
    Where does steaming piles of bullshit come from Dougy?

    The cop was probably waiting around to help the guys run some smokes to Toronto, eh.

    One Law For All.

  25. JamesHalifax says:

    Every time I hear “professional” Natives drumming (Hey-yeh-yeh-yeh…Hey-yeh-yeh-yeh)

    I hear:
    1..2..3..4…….1..2..3..4…..

    Give-me-some-more….Give-me-some-more…

    1..2..3..4……1..2..3..4……

    no-work-no-more….no-work-no-more…

    These professional Indian Industry whiners need to put down the drumsticks, and pick up a few hammers to fix leaking roofs and condemned buildings. If they thought more of helping the Natives stuck in Attawapiskat, as opposed to covering the incompetence and corruption of the Chiefs and Band Councils who screwed them over so badly…maybe there wouldn’t have been a state of emergency to begin with.

    Start by teaching some chiefs basic accounting.

  26. rover says:

    the cop should be suspended without pay, then be sent back to the police academy to learn the basics of policing.

  27. JR says:

    The police (and their political masters) are a disgrace. Their “excuses” for ignoring a court order include frets about the safety of their officers (aka cowardice) and sympathy for the offenders’ supposed cause (ie political correctness, whereby justice takes a backseat to “social justice” ). Yet Ontario police and prosecutors have zero compunction in charging and trying a law abiding, self-defending gun owner. And we continue to call it the “justice” system?!

  28. Bkolic says:

    I guess the Sarnia police and the OPP have decided to join Aboriginals and just stick their hands out in order to be given tax payer’s dollars for nothing. Why work when you can whine about how little you get for doing a whole lot of nothing.

    These officers are sworn to enforce ALL laws, not just the ones they feel like enforcing. The excuse of not wishing to be shot over a railroad falls on deaf ears. That is what they are paid for. These people should all be given their walking papers. They can then go find jobs where they can decide which orders they can refuse.

    As if one group of whiny, self entitled lay abouts wasn’t enough, now we have several more jumping on the band wagon.

    As a tax payer, I want accountability and knowledge of where our yearly 12 billion in tax payer’s funds are going. These ridiculous protests and threats have to be dealt with head on, with military intervention if necessary. They want to threaten Canada with their so called warriors, then they need to be shown what a warrior really is.

  29. Bill Elder says:

    Im willing to believe this is another case of PC indoctrination of the OPP. The revisionist McGuinty regime has used the OPP as its pesonal policy enforcers rather than a public law enforcement organization. The politics and indoctrination are thick in the OPP and the consequence is we see this type of dystopian/bizzaro behaviour from police where identity politics trumps th rule of law – or the orders of a judge. We saw it at Caladonia and here it is again. If this keeps up citizens will have to organize to deal with crime in their community because you cant ount on these indoctrinated cops to uphold the rule of law. They better do something with law enforcement in Ontario fast, before the rule of law is held in wide disrepute by the public.

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