Little-known law cited as possible route for criminal charges
Citing a law about disturbing a moral gathering, the Kelowna RCMP are pushing forward with an investigation after a disruption on Remembrance Day in Kelowna.
It comes as Insp. Adam MacIntosh called the actions of protesters at an informal gathering at City Park ‘a step too far.’
Just before 11 a.m. on Nov. 11, officers were called in after around 75 to 100 protesters began interrupting the gathering. Terse words were exchanged between those against provincial health measures and vaccine mandates to stem the spread of COVID-19.
“If criminal charges are appropriate and we can collect the evidence, I will do everything I can to push that forward to the Crown to allow them to make an informed decision as to whether or not charges should be laid,” MacIntosh told media Friday afternoon.
“We will do everything we can with respect to what is appropriate in order to investigate this. That being said, it may be found that the information supports that there are no fines or charges.”
He pointed to a little-known law about obstructing a gathering. It states anyone who disrupts or interrupts people gathering for a “religious, moral, social, or benevolent purpose” can face a small fine and possibly a short time in prison.
MacIntosh believes the event on Nov. 11 falls under the veil of a moral gathering. Charges could also be brought under local bylaws.
He asked anyone with video to send it to KelownaRemembranceDayVideos@rcmp-grc.gc.ca. It will be used to understand who was there and what their role was.
MacIntosh even called on the protesters themselves to come forward. He said they too have a voice and may have evidence to explain what their intention was and why they did what they did.
“I think we need to be fair in that regard,” he said.
Pressed on the perception the RCMP don’t do enough to discourage this type of protest or pursue adequate charges, MacIntosh said several fines have been handed out at other events and officers continue to work alongside prosecutions.
He said the police need to balance the right of allowing people to protest, while at the same time doing it safely and within the law.
“I believe [Remembrance Day] was a clear example of where I think this was taken too far,” he said.
Published 2021-11-12 by Tyler Marr
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