Our Justice system at work again or not

[tantor]

So in the summer I had a homeless person and his girlfriend trespassing on our property. I escorted them off the property while they verbally berated me calling me every name under the sun. When they reached the end of our property the male stopped and turned around and told me he wasn't going any further and asked me what I am going to do about it. Well I walked towards him and informed him that I would remove him from our property if it had to be that way as I am not going to be bullied or be fearful of these punks. Well as per usual he pulled a knife on me and threatened to stab me and I explained to him that I have lived long enough and he could test his luck out if he felt that was the smart thing to do. We all need to learn to stand our ground or these people win. Anyway I guess I called his bluff but I called the police anyway to make sure that he did not do this to someone else who might not be so lucky if he wasn't intimidated by them.
The police came and took a report and told me there was little chance that they would find him even though I had clear video and pictures. Well that did not sit well with me and I went out and pounded the pavement and came up with names for him and his girlfriend, it turns out the female was pregnant and using heroin! So much for they aren't hurting anyone but themselves. I gave the information to the police and a couple of weeks later they called me and let me know they had arrested him on another matter. Turns out he had warrants for assault, break and enter, theft and a bunch of other charges prior to my altercation with him. I gave a statement and agreed to go to court.
A while later I received my subpoena for court and was given the court date. Close to the court date I got a phone call that I would not have to attend as the perp had agreed to plead guilty and take a plea deal to a lesser charge. What else is new? Well a month later I get a letter telling me that he has be released on probation conditions and that there were counseling services available to me and that he has a no contact order so I should contact police if he attempts to make any kind of contact with me, REALLY?
Yes really, this is apparently what justice is now in BC. This is who the public has working for them, this is who is responsible for our safety as we are not allowed to look after our own safety with any reasonable measure of force when required. Sure some of you will say that we can but there are plenty of cases that show otherwise. This is where we are at and why the lawless among us have become so emboldened. I fully expect that one day somewhere in our community one of you will be a victim of this imbecile and perhaps you will be the one he doesn't fear and stabs you to death. He is just one of the many that run through our system like gas through a funnel. Imagine the frustration of being a peace officer in this province where the court basically renders your efforts impotent. No wonder the lack the motivation to go after these people. Got your 5000 dollar bike stolen? They are not even going to put their coffee down to come take a statement (I know I was just recently down that road as well) Got your home broken into they will not fingerprint or do much there either, your car was stolen? Well unless it shows up on the side of the road or someone calls it in good luck with that. I can't say that I blame them though as the most important part of the process (the courts) are completely broken.

[alanjh595]

To add insult to injury, ICBC won't pay out on a theft claim until the car has been recovered, in what ever shape it might be in.

[Anonymous123]

*remove*

[lcpp64]

Hi Tantor

I’m truly sorry you had to go thru that & the frustrating aftermath. A similar “threatened” to “stick” me occurrence happened to me in Victoria over 20 years ago. I like you would rather be judged by 12, than buried by 6. Our laws/court system has come to a point that a victim can’t even defend themselves “legally” from murder or attempted murder.

In my case, which was near the Parliament Buildings, there was a stand off (like you I was prepared to defend myself & my girlfriend), a police car drove by a few minutes after it started, the “street type” kid (17 or 18) who offered to stick me took off running. I could see the police were moving towards the kid’s friend that was with him & didn’t see the kid with the knife who was running. He was going to get away, so I took off on foot after him while my girlfriend went to the police to explain I was in pursuit. After running hard several city blocks the kid ran outta steam. He turned towards me and yelled “what are you gonna do now”. I stayed my distance 30 to 40 feet, & I yelled back “if you run I will chase you down, If you attack me it will be I will fight you hard”. The kid stopped running and after about 5 minutes a police cruiser showed up & they cuffed him & put him in the back of the cruiser.

So I asked the officer; “I was afraid of being stabbed, what can I do?”. He said I am allowed to defend myself with “reasonable force”. Then he cautioned me, what I think is reasonable, what he thinks is reasonable, & what a judge might think is reasonable are 3 separate things.

There is no justice in our world, there is only “Just Is”

[lcpp64]

On the other side of reality, there is that tragic bat brain damaging crime that happened in Kamloops.

IMO, the homeowner was no longer in danger when he beat that poor kid with a bat. The homeowner is now in jail as far as I know.

If you have time, best to 911 & let them know there is a violent danger urgent situation & you need police now!

Fear of your life is looked at in court, fear of property loss is not

Also; There are 2 separate “Trespass laws” in BC. One is in the trespass act & the other is in the criminal code. Not sure of your “trespassers” situation, but it if it isn't a criminal code type (which I believe can only happen @ night), then it might be in the Trespass Act. If you don’t already know this, it would be a good idea to attempt to understand it. We always do better in these situations informed & educated than not. This shouldn’t be the way our world is, but it “Just Is”. Sorry


http://www.bclaws.ca/civix/document/id/ ... treg/18003

[voice of reason]

So in the summer I had a homeless person and his girlfriend trespassing on our property. I escorted them off the property while they verbally berated me calling me every name under the sun. When they reached the end of our property the male stopped and turned around and told me he wasn't going any further and asked me what I am going to do about it. Well I walked towards him and informed him that I would remove him from our property if it had to be that way as I am not going to be bullied or be fearful of these punks. Well as per usual he pulled a knife on me and threatened to stab me and I explained to him that I have lived long enough and he could test his luck out if he felt that was the smart thing to do. We all need to learn to stand our ground or these people win. Anyway I guess I called his bluff but I called the police anyway to make sure that he did not do this to someone else who might not be so lucky if he wasn't intimidated by them.
The police came and took a report and told me there was little chance that they would find him even though I had clear video and pictures. Well that did not sit well with me and I went out and pounded the pavement and came up with names for him and his girlfriend, it turns out the female was pregnant and using heroin! So much for they aren't hurting anyone but themselves. I gave the information to the police and a couple of weeks later they called me and let me know they had arrested him on another matter. Turns out he had warrants for assault, break and enter, theft and a bunch of other charges prior to my altercation with him. I gave a statement and agreed to go to court.
A while later I received my subpoena for court and was given the court date. Close to the court date I got a phone call that I would not have to attend as the perp had agreed to plead guilty and take a plea deal to a lesser charge. What else is new? Well a month later I get a letter telling me that he has be released on probation conditions and that there were counseling services available to me and that he has a no contact order so I should contact police if he attempts to make any kind of contact with me, REALLY?
Yes really, this is apparently what justice is now in BC. This is who the public has working for them, this is who is responsible for our safety as we are not allowed to look after our own safety with any reasonable measure of force when required. Sure some of you will say that we can but there are plenty of cases that show otherwise. This is where we are at and why the lawless among us have become so emboldened. I fully expect that one day somewhere in our community one of you will be a victim of this imbecile and perhaps you will be the one he doesn't fear and stabs you to death. He is just one of the many that run through our system like gas through a funnel. Imagine the frustration of being a peace officer in this province where the court basically renders your efforts impotent. No wonder the lack the motivation to go after these people. Got your 5000 dollar bike stolen? They are not even going to put their coffee down to come take a statement (I know I was just recently down that road as well) Got your home broken into they will not fingerprint or do much there either, your car was stolen? Well unless it shows up on the side of the road or someone calls it in good luck with that. I can't say that I blame them though as the most important part of the process (the courts) are completely broken.

when my home got broken in to the police showed up 8 days later and took a few notes on a note pad and i never heard a word from them again. when my car got stolen the police came right away and filed a report .then nothing . they dont do a lot these days

[DetectivePikachu]

Its a legal system not a justice system.

[pieinthei]

i wish there was a way to "shame" these people.. but they cant be shamed, they have no respect for themselves, or anyone else.. then maybe taping pictures of these people on light posts, and on castanet forums would have an effect.

[youjustcomplain]

i wish there was a way to "shame" these people.. but they cant be shamed, they have no respect for themselves, or anyone else.. then maybe taping pictures of these people on light posts, and on castanet forums would have an effect.

Sounds like you'd be exposing yourself to a valid case of libel.

[youjustcomplain]

*remove*

[dogspoiler]

i wish there was a way to "shame" these people.. but they cant be shamed, they have no respect for themselves, or anyone else.. then maybe taping pictures of these people on light posts, and on castanet forums would have an effect.

Sounds like you'd be exposing yourself to a valid case of libel.

Exposing yourself may cause another problem.
The media is full of cc pictures of various criminals involved in various criminal activity. Sometimes these are used by Police or various Most Wanted adds. That seems to be accepted.

[pieinthei]

Sounds like you'd be exposing yourself to a valid case of libel.

i did say "i wish"..

[alanjh595]

Unfortunately, the system favours the criminal more than the property owner.

Calling 911 before getting into a confrontation, is based upon fear of what MIGHT happen. Unless you are in fear for your life or there is a crime being "in progress", then it is low on the priority list. A simple trespass complaint would best be handled by calling 250-762-3300 (non-emergency line) and selecting option #2 (Kelowna police). With this call, you will be placed in a queue according to severity.

If you were to call after seeing the knife or even that you were threatened, then that is the time to call 911. Police will be dispatched immediately, but 1 car will wait closely by until a 2nd is on the way, as back-up. Also, up until the police attend, make and arrest, the offending person is considered a "suspect". So....unless there are multiple witnesses including a police officer and preferably with a second police officer as a professional impartial witness.

To take the law into your own hands (in Canada) can and will open yourself up to criminal and civil suit in the future. I know, it is sad, but that is the law where we live. I don't agree with it, but I can see why we have these laws. People sometimes get carried away with their version of justice and call it "self protection".

[voice of reason]

*remove*

[alanjh595]

This is so ridiculous it has to be intentionally done. Everyone knows none of it makes any sense...including lawmakers. It makes people furious they can't do anything to protect their property... Divide and conquer.

Divide who from what?

Conquer what?

The rules of Canada might make some furious, but what can the average citizen do about it?