Off-Topic Canadian Law - Is it as bad as we think?

[Cato]

Fuck you gun sperg are just annoying.

Reasons Yaniv won't be able to buy a firearm:
1) Yaniv has been held in psychiatric hold for suicide (their admission)
2) Yaniv has been found in possession of illegal weapons
3) ongoing police investigation
4) history of suicide attempts
5) you have to take a course, apply, and have w people vouch for you. That's before the psych stuff
6) money, firearms are costly.
7) no one I know would sell them a firearm, i mean those in his area. They know him.

He could buy a musket, but can't buy powder. He could buy an "antique" but you can't buy ammo or powder legally to reload. The dude is a dumbass and if he tried to reload he would blow himself up.

Anyone who thinks he could get a firearm and ammo is an idiot.

Hey, I was just clarifying the gun laws on the books themselves, not opining about Yaniv legally purchasing one.

 

[Looney Troons]

Very good information, @Cato. Thank you! I’ve been wondering about the laws themselves but couldn’t be assed to do any of the research on my own. Appreciate the small, concise bites.

 

[Jaded Optimist]

Hey, I was just clarifying the gun laws on the books themselves, not opining about Yaniv legally purchasing one.

Not a direct response to you, sorry! I just think people are confused on Canadian gun laws ❤

 

[Miss Misery]

Not a direct response to you, sorry! I just think people are confused on Canadian gun laws ❤

I say this with all of my love and respect:

Nobody with any common sense thinks that Yaniv would be able to get a gun. If anyone out there thinks that Yaniv actually has the ability to acquire a firearm, either legally or illegally, you are living in cloudcuckooland and I suggest you see a mental health clinician immediately because you are delusional at the very least.

Now maybe we can stop talking about the gun stuff?

I'd like to know why the fuck Yaniv is unlikely to get in trouble for his OC spray and his stun gun.

Edit: My comment was not meant to disparage @A Name But Backwards at all. Additionally, we appreciate the clarifications that everyone has brought to the sub, but at this point the debate regarding Yaniv getting a gun is pretty much over. It's not going to happen.

 

[ComeGetSome]

I'd like to know why the fuck Yaniv is unlikely to get in trouble for his OC spray and his stun gun.

He will, just not as much as you'd hope for. Most likely Yaniv will be handed a suspended sentence with some community service over the stun gun. The bear spray was probably simply confiscated. More would have been done if those threatened actually spoke up and reported it to actual police at the time (VPD in the elevator instance).

On the "we have a file" statement - yes, police will say that. That's about all they'll say - they have an investigation going on a person. Often reported in the media as "known to police".

In an attempt to answer some of the questions raised by @Titan Lithos - here's my first crack at answering: "Local RCMP vs. Federal RCMP". Everything here is from the lense of someone living in BC and there may be some subtle nuances that differ between provinces.

Before answering that, you need to understand that, in Canada, the law defines "Peace Officers" - and there are a lot of nuances to what constitutes a peace officer. A bylaw enforcement officer is a peace officer while carrying out their duties. A city Mayor is also defined as a peace officer. Police Officers/Constables are defined under the same section in the criminal code (section 2 definitions).

The RCMP itself is made up of several divisions. We do not have a multitude of separate agencies - the RCMP itself provides a security detachment for the prime minister, investigates "cybercrime", monitors money laundering, has an organized crime taskforce - the list goes on. The RCMP has an intelligence division as well, but has a competing interest in that regard. (Sidenote: We have a spy agency: CSIS. They are specifically *NOT* police or peace officers. They monitor, investigate, and inform - and pretty much all internet traffic in Canada is intercepted by them).

When it comes to "Police" however, there is no difference between RCMP, provincial (Ontario Police) or municipal police (VPD) forces. They are all "Police" under the law and they all have access to the same tools and systems (ie., CPIC). Every province is required to provide police services to their constituents. A few provinces have enacted their own province-wide police forces. Most provinces require individual regions or municipalities to provide policing services. Most regions simply choose to have the RCMP provide police services. British Columbia has the BC Police Act to codify, in law, what municipalities must provide. Other provinces will have similar legislation - but I'm too lazy to go link them all.

In BC, there are a half-dozen municipal forces - the rest of the municipalities contract their police services to the RCMP. The division of RCMP that provides policing to the province of British Columbia is called "E Division". Each area where the RCMP is providing policing services will have at least a central detachment (aka police station) and quite often one or more community policing stations as well.

There are a few other types of police forces at work in BC:

Sheriffs (at least, in BC) work for the courts and perform duties such as prisoner transfers and operate holding cells for prisoners who are being held short-term for court appearances. They are also "Peace Officers" and armed "Police".

Transit police (for Translink) are also a private police force. Their main area of responsibility is transit security - but they are "Police Officers" in exactly the same way that RCMP, VPD, NWPD, PMPD, etc are. They carry firearms, arrest people, and sometimes carry on transit-related investigations. As "Police Officers" they do have a duty to respond to non-transit crimes in progress that they are witness to. They typically hand custody of arrestees over to municipal police authorities (RCMP or otherwise).

Military Police (Federally controlled - but present at any military installations in BC) - responsible for enforcing local, federal, and military laws on Canadian Forces properties/installations.

Conservation Officers - police the wilderness ensuring hunters have correct licenses and permits.


All "Police" in Canada are charged with enforcing not only the Criminal Code of Canada, but local laws (Provincial and municipal) as well. Crossing a city boundary won't have them magically stop them from coming after you.

TLDR; In Canada - Police are Police. They all carry guns, enforce the same laws, and generally cooperate with each other. There's a shared database in Canada for civic policing - CPIC. All police forces have access to it.

I'll attempt to provide some insight to @Titan Lithos question about "Strata property law"

This is a provincial law and the information herein is specific to BC. The relevant legislation is the Strata Property Act and the Strata Property Regulation

When a developer builds a condo complex (Townhouses, Apartments, Duplexes, or even a gated community) where the units are being sold (ie., not a 100% rental property) - a strata corporation is created to own and manage the common areas of the development. These common areas generally include everything outside the four walls of any given dwelling unit. This includes driveways, sidewalks, common hallways, elevators, common land, playgrounds, pools, etc. The strata corporation is, indeed, a publicly-registered corporate entity that has specific financial and reporting requirements and is bound by the aforementioned legislation.

Owners who purchase properties within a stratified development become members/shareholders of the strata corporation. Members elect a strata council annually - almost always from a group of interested owners. In order to facilitate the ongoing monthly maintenance of running the business of the strata corporation, most stratas hire a strata manager. Strata managers take an advisory role to the council, ensure the council is acting in line with both the act and regulation, send mail/notifications, collect and deposit monthly maintenance fees, arrange and manage contracts for maintenance and repair, etc. Strata Managers, however, have no power. They do not vote, they do not set strata rules, and while they can attempt enforcement of violations they can't do so (legally) without the explicit direction of the strata council. A strata manager is simply a business manager operating under the direction of the strata council. They can be replaced at the will of the strata. Yaniv's attempt at flexing with Bob what's his pickle is pointless.

(Note: While many feel that strata councils tend to have a lot of power - they really don't. Many in BC don't understand how strata councils truly work and see the whole process as some sort of voodoo. However, it's really just a form of a homeowner's association that all of the owners have control of and put a council in place on a 12-month term to run. A dictatorial council can be overthrown in as little as one month with a motion to call an election. A new strata manager can be hired with only 14 days notice for a special meeting and a motion put forth.)

While it is impossible to simply kick Yaniv out of his apartment for being a shitty neighbour - the council can most certainly beat the crap out of him with fines for violating strata rules or bylaws. This would cover things such as noise complaints, or interfering with other owners' right to peaceful enjoyment of their property, etc. Fines are simply levied (by direction of the council and via the strata manager) against the unit. Fines can be enforced via property liens against the dwelling. If sufficient (and the bar for sufficient is quite subjective) volume of fines has built up and time has elapsed - foreclosure becomes an option. If there's a mortgage on the property, registering a lien will trigger notification to the mortgage holder who will, in turn, put pressure on the owner.

If there's anything specific you'd like to know - after referencing both of the linked legislation - please ask. I have been on a strata council in the past but my experience in that regard is a little dated by 15 years or so.

 

[Koby_Fish]

Right. We all want to know more about Canadian weapons regulations, but can we do it in a way that doesn't involve an angry spergmatch?

@Koby_Fish, can you elaborate on the classification of firearms thing (and maybe leave the lol females out of it)?

As for me, I'll just go read policy about the rest of it. It's easier that way.

Edit: Regarding health records - Canada's version of HIPAA is the Personal Information Protection and Electronic Documents Act (PIPEDA). Electronic health records systems log every time a record is accessed and what login accessed it. If you don't have a reason for looking at that medical record then you'd better be prepared to explain yourself.

Well, every once in a while some egghead who doesn't know a .223 from a .22 who thinks it's time to make some "bad guns" (anything that reminds them of the AK-47) inaccessible to the Canadian Public will make an absolutely garbage, nonsense reclassification of a firearm. Case in point:

In 2014, the RCMP re-classified the Cz858 and Swiss Arms Classic Green as prohibited weapons. They were previously unrestricted rifles, meaning that unlike with handguns or the AR-15 (in the restricted class), they did NOT have to be registered. They up until that point had been the two most popular "black rifles" in Canada. They are chambered in .223, which is a common rifle calibre.

Why did they get re-classified, you ask?

It turns out, someone at the RCMP thought the Swiss Arms Classic Green, instead of being a redesign of a rifle known as the SG-540, they now believe them to be a variant of the SG-550. The SG-550 is explicitly named as a prohibited weapon, and as such, that means ALL "variants" are also prohibited - even those that are semi-automatic rather than fully automatic.

Similarly, for the Cz858, the RCMP prohibited them as "converted automatics". In other words, they believe the rifles were originally fully automatic (like the Kalashnikov AK-47) thus could easily be returned to fully-automatic status.

Both of these cases of prohibition are all obviously based on specious, garbage reasoning. There was no actual logical reason to prohibit these guns. They haven't been used in ANY crimes. They are not a threat to the public. There's just a bunch of ignorant, paranoid anti-gun fanatics in the RCMP, especially in the top brass.

Since none of these rifles were ever registered, at the stroke of a pen they were all rendered illegal, but neither the government nor the RCMP had any idea where they were. Possession of a (suddenly) prohibited weapon (without grandfathering-in) carries a potential sentence of between 1-10 years behind bars.

The Conservative Government of the day was so infuriated by this bullshit they declared an amnesty to owners of these guns, and this is why they stripped the ability to reclassify those firearms from the RCMP back then. Justin of course wants the RCMP to be able to do this nonsense so he gave it right back to them.

EDIT: Just to show you how bullshit this is, here are:

The SG 540 (NOT restricted or Prohibited):

The SG 550 (Prohibited):

The Swiss Arms Classic Green (previously Unrestricted):

Access to information records show that the RCMP has an aggressive firearms reclassification agenda. The only reason the RCMP don't like these guns is "it's a military style firearm."

 

[Junkail]

I'll attempt to provide some insight to @Titan Lithos question about "Strata property law"

This is a provincial law and the information herein is specific to BC. The relevant legislation is the Strata Property Act and the Strata Property Regulation

When a developer builds a condo complex (Townhouses, Apartments, Duplexes, or even a gated community) where the units are being sold (ie., not a 100% rental property) - a strata corporation is created to own and manage the common areas of the development. These common areas generally include everything outside the four walls of any given dwelling unit. This includes driveways, sidewalks, common hallways, elevators, common land, playgrounds, pools, etc. The strata corporation is, indeed, a publicly-registered corporate entity that has specific financial and reporting requirements and is bound by the aforementioned legislation.

Owners who purchase properties within a stratified development become members/shareholders of the strata corporation. Members elect a strata council annually - almost always from a group of interested owners. In order to facilitate the ongoing monthly maintenance of running the business of the strata corporation, most stratas hire a strata manager. Strata managers take an advisory role to the council, ensure the council is acting in line with both the act and regulation, send mail/notifications, collect and deposit monthly maintenance fees, arrange and manage contracts for maintenance and repair, etc. Strata Managers, however, have no power. They do not vote, they do not set strata rules, and while they can attempt enforcement of violations they can't do so (legally) without the explicit direction of the strata council. A strata manager is simply a business manager operating under the direction of the strata council. They can be replaced at the will of the strata. Yaniv's attempt at flexing with Bob what's his pickle is pointless.

(Note: While many feel that strata councils tend to have a lot of power - they really don't. Many in BC don't understand how strata councils truly work and see the whole process as some sort of voodoo. However, it's really just a form of a homeowner's association that all of the owners have control of and put a council in place on a 12-month term to run. A dictatorial council can be overthrown in as little as one month with a motion to call an election. A new strata manager can be hired with only 14 days notice for a special meeting and a motion put forth.)

While it is impossible to simply kick Yaniv out of his apartment for being a shitty neighbour - the council can most certainly beat the crap out of him with fines for violating strata rules or bylaws. This would cover things such as noise complaints, or interfering with other owners' right to peaceful enjoyment of their property, etc. Fines are simply levied (by direction of the council and via the strata manager) against the unit. Fines can be enforced via property liens against the dwelling. If sufficient (and the bar for sufficient is quite subjective) volume of fines has built up and time has elapsed - foreclosure becomes an option. If there's a mortgage on the property, registering a lien will trigger notification to the mortgage holder who will, in turn, put pressure on the owner.

If there's anything specific you'd like to know - after referencing both of the linked legislation - please ask. I have been on a strata council in the past but my experience in that regard is a little dated by 15 years or so.

If people complained about the Yanivs, do they have the right to be anonymous? In terms of safety (especially if one was suspected of being WGKitty), Jon and his mum aren't above making death threats or attempting retaliation.

 

[ComeGetSome]

If people complained about the Yanivs, do they have the right to be anonymous?

Anonymous tips can be handed to Crimestoppers or to Cybertips. Official reports to the police can't be anonymous. However, the police will not divulge the identity of a crime reporter to a perpetrator. The personal information the police will generally ask you is your full legal name, birth date, and a contact number. They may ask for your general location (ie., city) if they feel it's pertinent. The reason for this is that the police records generally form part of the case for prosecution and absent hard evidence of a crime, only real testimony from witnesses and accusers will stand in court. In Canada, the accused has a right to face their accuser. The police do not take email or social media reports.

The police do take in anonymous information from Crimestoppers and Cybertips as intelligence-gathering tools only.

tldr; Generally, no. But that doesn't mean that you'll be known to the accused, only to the police. If @WGkitty reported to the police, they wouldn't be divulging that information to Yaniv.

I do recommend that anyone with any hard information regarding sexual predation by Yaniv be reported to Cybertip. There is a phone number as well as an online reporting method.

 

[TaimuRadiu]

Praise be to Allah that Yaniv won't ever be able to get a gun. Even if he somehow knows someone in the Hell's Angels they'll give him some special treatment if he bitches about them misgendering him.

 

[pr3nt177]

Praise be to Allah that Yaniv won't ever be able to get a gun. Even if he somehow knows someone in the Hell's Angels they'll give him some special treatment if he bitches about them misgendering him.

Tying his scoot to the back of a bike and going for a lengthy fast jaunt could be enough.

 

[C4605]

Yaniv’s “lawyer” isn’t fit to practice. Any first-year law student could tell you that you can’t file a human-rights complaint against a federal agency with a provincial human-rights tribunal (because federalism). That’s the jurisdiction of the Canadian Human Rights Tribunal.

Any man who would represent himself has a fool for a client.

Twitter/Archive
Twitter/Archive
Twitter/Archive

Looks like Yaniv has filed a new BCHRT complaint and this time it is against @ElectionsCan_E for an employee supposedly misgendering him as Sir.View attachment 957868

I'm not canadian but from what I have gathered is that it seems to be a government service related to polling place workers.

Here's their Facebook and Twitter

Edit: would someone mind making a new thread if its needed? I'm still learning so don't want to fuck it up

 

[Vagivagal Syncope]

The polling workers are remunerated by EC, but the the Human Rights Tribunals do have jurisdiction because "duty to accommodate" is a provincial responsibility and is almost always upheld by the provincial human rights tribunal.

The Supreme Court of Canada grants provincial HRTs the ability to rule on these matters, as vexatious as they may otherwise be.

Yaniv’s “lawyer” isn’t fit to practice. Any first-year law student could tell you that you can’t file a human-rights complaint against a federal agency with a provincial human-rights tribunal (because federalism). That’s the jurisdiction of the Canadian Human Rights Tribunal.

Any man who would represent himself has a fool for a client.

 

[C4605]

The polling workers are remunerated by EC, but the the Human Rights Tribunals do have jurisdiction because "duty to accommodate" is a provincial responsibility and is almost always upheld by the provincial human rights tribunal.

The Supreme Court of Canada grants provincial HRTs the ability to rule on these matters, as vexatious as they may otherwise be.

I’m not saying that there isn’t a process out there for Yaniv to abuse. The issue is that she and her “lawyer” filed the complaint (which I doubt she actually made) in the wrong forum. Complaints against federal-government agencies or federally-regulated businesses (banks, airlines etc) have to be made with the Canadian (ie federal) Human Rights Tribunal, not a provincial HRT. This is actually the first listed reason for the BCHRT to dismiss complaints. She’s sadly free to persecute that poor Elections Canada poll worker through the CHRT.

It’s almost as though her “lawyer” never took constitutional or administrative law...

http://www.bchrt.bc.ca/law-library/guides-info-sheets/dismissal-apps/1.htm

 

[EmpireOfTheClouds]

Fuck you gun sperg are just annoying.

Reasons Yaniv won't be able to buy a firearm:
1) Yaniv has been held in psychiatric hold for suicide (their admission)
2) Yaniv has been found in possession of illegal weapons
3) ongoing police investigation
4) history of suicide attempts
5) you have to take a course, apply, and have w people vouch for you. That's before the psych stuff
6) money, firearms are costly.
7) no one I know would sell them a firearm, i mean those in his area. They know him.

He could buy a musket, but can't buy powder. He could buy an "antique" but you can't buy ammo or powder legally to reload. The dude is a dumbass and if he tried to reload he would blow himself up.

Anyone who thinks he could get a firearm and ammo is an idiot.

Honey, we're talking about someone who is too fucking stupid to know his own limits.

 

[Julias_Seizure]

Guns- legal but heavily restricted, only legal places to have a gun is at home or at a firing range unless you have a concealed carry permit. if you want to go to a firing range you have to inform the RCMP and take the most direct route there and back having it locked in a gun case during transport and at home must be locked in a gun safe

Stand your ground- exists technically but its a lot harder to use as a defence than in the states. If a weapon is involved it has to be something that you can argue has some use other than as a weapon and that your intention of carrying it wasnt for self defence. Also that you were 100% certain that there were no other options

Recording- legal without the person being recorded consenting or even knowing as long as theyre in a public place. Unless theres signs up saying you cant record there your good

 

[C4605]

Yaniv's draft "order"

(I think this is the right spot for me to vent about her legal shenanigans? Sorry for being a noob, but here goes)

I nearly died laughing when I saw Yaniv's draft order in this lawsuit. Yaniv's "lawyer" strikes again!

tl:dr - She's about to get her ass handed to her if she has the (hairy) balls to bring this before a judge.

1) It's weird that she would file her lawsuit in Vancouver when they both live in Langley and are way closer to BC Supreme Court in New Westminster. The New West courthouse is also next to transit so she can easily get her scooty-puff there. Mind you, New West is extremely hilly so it might crap out under the extreme strain.

2) She's correct that she can write her own draft order, but it needs to be approved by the court to be of any effect. Lawyers often draft orders and bring them to chambers but the judge has no problem telling you to change it.

3) She hasn't filed a lawsuit yet as far as I can tell, so it's highly unusual to bring an application. She also wasn't on today's chambers lists.

4) This is not what a without-notice application is for! Those are usually for urgent and extraordinary situations where the other party might destroy evidence or sell assets to avoid paying a judgment. Without-notice applications are heavily restricted because they can harm a party without them being heard. A without-notice application would also require Yaniv to give full and frank disclosure of all the law and facts that would both hurt and help her. No way is she doing that.

5) A without-notice application is also completely pointless in this situation. The order she's seeking is basically to stop defaming her and something resembling a restraining order. Smith cannot/will not do those things unless he's aware of the injunction. The element of surprise isn't helpful, as opposed to an order allowing the seizure of evidence.

6) If Yaniv wants a peace bond, she should apply for a fucking peace bond. The only part of that draft order that is normal is to stop defaming her.

I don't know whether I pity or envy the junior associates waiting their turns in chambers while she argues this. On the one hand, it would be pathetic. On the other, it's so obviously stupid that it's hilarious and a judge could really give it to her. When you go to BC Supreme Court, you put on your big-boy pants because you are expected to know what you're doing and not waste resources in an already overtaxed system.

 

[Short Stack]

Yaniv's draft "order"

(I think this is the right spot for me to vent about her legal shenanigans? Sorry for being a noob, but here goes)

I nearly died laughing when I saw Yaniv's draft order in this lawsuit. Yaniv's "lawyer" strikes again!

tl:dr - She's about to get her ass handed to her if she has the (hairy) balls to bring this before a judge.

1) It's weird that she would file her lawsuit in Vancouver when they both live in Langley and are way closer to BC Supreme Court in New Westminster. The New West courthouse is also next to transit so she can easily get her scooty-puff there. Mind you, New West is extremely hilly so it might crap out under the extreme strain.

2) She's correct that she can write her own draft order, but it needs to be approved by the court to be of any effect. Lawyers often draft orders and bring them to chambers but the judge has no problem telling you to change it.

3) She hasn't filed a lawsuit yet as far as I can tell, so it's highly unusual to bring an application. She also wasn't on today's chambers lists.

4) This is not what a without-notice application is for! Those are usually for urgent and extraordinary situations where the other party might destroy evidence or sell assets to avoid paying a judgment. Without-notice applications are heavily restricted because they can harm a party without them being heard. A without-notice application would also require Yaniv to give full and frank disclosure of all the law and facts that would both hurt and help her. No way is she doing that.

5) A without-notice application is also completely pointless in this situation. The order she's seeking is basically to stop defaming her and something resembling a restraining order. Smith cannot/will not do those things unless he's aware of the injunction. The element of surprise isn't helpful, as opposed to an order allowing the seizure of evidence.

6) If Yaniv wants a peace bond, she should apply for a fucking peace bond. The only part of that draft order that is normal is to stop defaming her.

I don't know whether I pity or envy the junior associates waiting their turns in chambers while she argues this. On the one hand, it would be pathetic. On the other, it's so obviously stupid that it's hilarious and a judge could really give it to her. When you go to BC Supreme Court, you put on your big-boy pants because you are expected to know what you're doing and not waste resources in an already overtaxed system.

The document appeared to state TODAY was the day of the "hearing"...Any updates on that?

 

[C4605]

The document appeared to state TODAY was the day of the "hearing"...Any updates on that?

She wasn't on the chambers lists in Vancouver or New West. My guess is she's faking things again for attention via Twitter or using it to intimidate Donald Smith, though I think it would just provoke him.

Alternatively, some poor registry staff likely spent an hour patiently explaining what I said above only to be yelled at for “DISCRIMANASHUNNNN”. Then she either went home defeated or fixed it and got it scheduled for whenever all the deadlines have passed for service and notice etc.

 

[ComeGetSome]

She wasn't on the chambers lists in Vancouver or New West.

For posterity, I banged of a quick shell script to download all the current provincial and criminal Court dockets as well as the completed cases list - and subsequently grok through them for a hit on 'Yaniv'. It runs daily. Nothing yet, but the moment I get a hit I'll share the relevant docket.

If anybody wants it, I'll be happy to share.

 

[TheAuthor]

She wasn't on the chambers lists in Vancouver or New West. My guess is she's faking things again for attention via Twitter or using it to intimidate Donald Smith, though I think it would just provoke him.

Alternatively, some poor registry staff likely spent an hour patiently explaining what I said above only to be yelled at for “DISCRIMANASHUNNNN”. Then she either went home defeated or fixed it and got it scheduled for whenever all the deadlines have passed for service and notice etc.

The "draft" states that he is making the application without notice, so it's unlikely to show up on the daily court lists. My guess, he's trying to squeeze in an ex-parte TRO against Donald, which most judges would immediately throw out.

So, you might have to actually call the registry to verify if any such motion was actually brought, because it won't be on the lists if it's not scheduled. As it's made without notice, he's not giving notice to even the registry.