Civilian Oversight and Unionization of the RCMP

Written by Harold McNeill on January 1st, 2019. Posted in Tim Hortons Morning Posts


December 31, 2018.  RCMP: Civilian Oversight and Unionization take centre stage.

It has taken decades, however, it seems possible the changes announced for 2019 may assist this storied force to adopt the ideals first annunciated by Sir Robert Peel. While the imposition of civilian oversight and the unionization of the rank and file is only a first step in what will surely be a slow and painful process, it may be enough to break the rigid command and control structure that has stifled initiative and rewarded compliance.

In modern times, rank and file members have been caught between the demands of policing in the 21st century and an administrative structure with one foot firmly planted in the 19th. In the process of advocating for change, many promising careers were destroyed by bullying tactics used against members in general and sexual abuse against female members in particular. Such changes began in other city and municipal forces back in the ’60s, ’70s and ’80s.

For the RCMP, “These changes are coming in response to years of complaints that the force has a broken workplace culture, as well as repeated calls from outside inquiries for civilian oversight of management functions that are still under the purview of uniformed officers.”

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Garage Sale Items – McTavish Academy of Art

Written by Harold McNeill on January 11th, 2019. Posted in Tim Hortons Morning Posts


GIANT GARAGE SALE OF ALL ITEMS NOT YET SOLD, PLUS DOZENS OF OTHER ITEMS WILL GO ON SALE AT THE MCTAVISH ACADEMY, 1720 MCTAVISH ROAD, NORTH SAANICH (TAKE AIRPORT CUTOFF TO MCTAVISH ROAD AND TRAVEL FOUR BLOCKS WEST.

DATE:  SATURDAY 9:00 AM – 5:00 PM    May 4, 2019
SUNDAY,  NOON – 5:00 PM    APRIL 5, 2019

 

FEATURED ITEM:     13. Fluorescent Light Tracks (SOLD)
(Added, March 13, 2019)

Fluorescent Light Tracks (SOLD)   These tracks are fully functional having just been removed.   While the lights are currently attached in 18 and 24-foot lengths, they can be easily reconfigured.  They are perfect for any large space such as a shop or some other workspace needing excellent lighting.   They are not free, but at $1.00 per foot, they are good as free.

Please message or phone Harold, 250-889-1033, or by email at lowerislandsoccer@shaw.ca

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The Changing Landscape of Politics in Canada

Written by Harold McNeill on August 24th, 2018. Posted in Tim Hortons Morning Posts, Editorials


Screen Shot 2018-06-13 at 8.14.26 PM

The Changing Landscape of Politics in Canada:

August 24, 2018: With the bombshell just dropped by Maxime Bernier, this post, which I began researching and writing a couple of months back, has taken on new significance.  There seems little doubt that at least some of the unseemly tactics that plagued the recent Ontario election will also mark the next federal election.  The question asked, and which I try to answer is, “to what extent will the effective use of social media define the winners and losers?”

And, this post will also outline why I think, in a four-party system, it is possible that 65% of Canadians who split the vote between three parties, could hand a majority to 35% who didn’t vote for one of those three.  It is also a process by which a man such as Doug Ford could, in the federal election following the next, become the Prime Minister of Canada.  (2008 Federal election split)  (2011 Federal election split)

1. Party Platforms, where did they go?

In the past, party platforms were meant to draw voters to a particular set of principles developed by a party over months and years (1). They were the centrepiece of every election campaign and, there was plenty of room for debate at all candidate meetings from the party leaders to grassroots.  However, in this new age, winning or losing seems to be based more on who best controls the message and who owns the most effective means of smearing an opponent or idea (2). If you followed the leadup to the Brexit vote or the last US election, the winning sides resorted almost exclusively to messages of fear and hate, mixed with a good measure of fake news.

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The Protection of Life and Property

Written by Harold McNeill on February 11th, 2018. Posted in Tim Hortons Morning Posts


Colton Boushie

Rest in Peace Colton Boushie.
You certainly didn’t deserve to die because of any mistake you may have made, but sometimes life is not equal or fair, particularly if you are from a visible minority.  In my life, I’ve made several mistakes that could easily have ended just as bad but didn’t, partly because I’m white, but also because I was just plain lucky at that particular moment.

Gerald Stanley

Gerald Stanley

I also wish peace for Gerald Stanley and his family.

While I may wish that to be the case, as the man who pulled the trigger, I fear your life and that of your family is forever changed. The spotlight will be on you and your family for months and years to come.  I don’t know your state of mind at the time of the shooting and don’t know if you are a racist, but it makes little difference now. Did you have the law on your side when you fired the fatal shot? The jury said “yes”, but the law states differently, even if that law was not applied as it should have. That will be explored in this post.

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Are insurance rates soaring across BC?

Written by Harold McNeill on January 29th, 2018. Posted in Tim Hortons Morning Posts, Editorials


Car Crash

Scenes like this are all too common in BC and take a tragic toll in lives lost and families destroyed. The cost is high and we all pay but are Insurance Rates out of control in B.C.? Check out this article, as you may be surprised to see where British Columbia sits in relation to other Provinces.

This article is brought forward following an article in the Saanich News stating ICBC rates for some classes of vehicles are grossly inflated as compared to Alberta. Also included are recent updates.

Updated:  February 10, 2020

Further to the update below (February 1, 2020), I note that since the government announced a “No-Fault” insurance plan for BC, Robert Mulligan is taking a slightly different tack, suggesting that no-fault will only increase the problems by taking away the right of an injured party to sue.

I’ve copied just one sentence from Mulligan’s longer discussion, “And I think people don’t like the idea that somebody who’s, for example, was drunk and ran into you and you become a quadriplegic is going to be treated exactly the same way you would in terms of getting benefits (go to minute 00:15:26 to see his full comment)

Statements like this appear to be simple fear-mongering. As was the case in the past, people who commit criminal offences, as well as other forms of negligence while driving, may well lose their insurance coverage and in all likelihood would be sued by ICBC to recover costs of the claim.   (Link here to Mulligan’s full conversation on CFAX radio)

Updated:  February 7, 2020

It is reported ICBC is heading for a 20% rate reduction and largely cutting out lawyers in a change to No-Fault insurance.  This will be the largest change to ICBC in several years and will hopefully place the Crown Corporation back on an even keel.

It will be interesting to see how trial-lawyers who earn a large part of their income from ICBC, and the Conservative (aka Liberals) opposition in the Legislature, respond to these changes.

That being said, a February 1, 2020 article by Robert Mulligan, an experienced trial-lawyer, suggested implementing several of the changes currently being proposed by the government.

This will be explored more fully over the next few days.

Read more at CBC Major Overhall of ICBC

Also, a Times Colonist report:   Major overhaul at ICBC would limit the ability to sue, cut rates by 20%

Update: February 1, 2020

For an interesting update of the challenges facing ICBC, read a CFAX interview with Robert A. Mulligan titled, “Extinguishing the ICBC Dumpster Fire“.   You should disregard the title of the article as it was prepared by a media outlet and does not reflect the considered opinion of a respected, practicing lawyer here in Victoria.

Update: August 20, 2019.

A further article debunks the statement that ICBC rates are soaring and that they are among the highest in Canada:  BC News Outlets Exaggerated the Costs of ICBC Insurance

Update: August 13, 2019.

A Global News broadcast this afternoon quoted heavily from an article prepared by the Insurance Bureau of Canada, an Ontario based private enterprise organization that promotes private insurance, which states BC has the highest auto insurance rates in Canada and that rates could be lowered through ‘competition’.  There was also an article in the Saanich News which similarily quoted the IBC information and also indicated ICBC is facing a huge deficit. The article made no mention of the considerable sums of money the government has removed from Crown Corporations such as ICBC and BC Hydro.

I just re-read the article the original article (below) and was again astounded at how high Ontario is compared to the rest of Canada. While that province has a population density far greater than BC, it is also a province in which auto insurance is managed entirely by the private enterprise system.
 
No wonder the Insurance Bureau of Canada, has made such a finding, as one might suspect they are acting on behalf of the private insurers in Ontario, Alberta, and other areas, and might prefer to destroy the public-private system as it tends to expose the excesses of system base solely on private enterprise.
If we had the proper means of checks and balances in our system, the Ontario and Alberta private system might now be under investigation for fraud. I think it unconscionable to first make insurance mandatory and then to then allow private-enterprise to charge exorbitant rates, particularly as they do in Ontario.

I have reached out to friends in the Auto Insurance industry to have them fact check the calculations I quote in order to ensure they have legitimacy.  (Updated August 14, 2019 – hit the continue reading below for the original article and other updates)

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Church and State

Written by Harold McNeill on January 22nd, 2018. Posted in Tim Hortons Morning Posts, Editorials


church-and-stateChurch and State Street: The Canadian Experience

Canada has made considerable progress over the past 150 years (mainly within the past 100 years) in advancing individual rights, particularly those of women, children, visible minorities and in areas involving lifestyle.
Yet, in every community across the country, there exists a safe haven for discriminatory practices not allowed in any other part of our society. In addition, the freedom to practice that discrimination is protected under the Charter of Rights and Freedoms.

It is an unusual situation in which a more accepting set of human values is applied to those considered non-religious than is applied to Christians, Muslims, Jews and other faith-based organizations.

Link Here for a 2014 historical perspective on Church and State

A Continuing Conflict Zone In Canada

As Canada continues along the path of finding a balance between Church and State, we clearly have much rocky terrain yet to negotiate.  There is little doubt an open debate would be useful, but if the current flashback and heated rhetoric over the wording of a government funding application is an example, the time has not yet arrived. It is unlikely any current government, Liberal, Conservative or NDP would dare open the discussion as an election issue.

Hence, it will be left to the occasional bold government action and the courts to draw the line as did Trudeau in 1969 when the Liberals removed abortion from the Criminal Code, then again in 1982 when the same government brought home the Constitution and developed the Canadian Charter of Rights and Freedoms.

Since that time a series of court, parliamentary and legislative decisions, at the provincial and federal level, have helped to push forward individual rights, particularly those affecting women, children, visible minorities and the LGBTQ community. While women have made considerable gains, many barriers still stand in their path as they march towards equality with men. (For an earlier article on the subject link to Women’s Suffrage.)

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R. vs. Stanley: Saskatchewan Court of Queens Bench

Written by Harold McNeill on February 18th, 2018. Posted in Tim Hortons Morning Posts, Editorials


Chief Justice

Martel D. Popsecul, Chief Justice
Presiding over the R. vs. Stanley Trial 

The following Charge to the Jury by Chief Justice of the Court of Queen’s Bench for Saskatchewan, the Honourable Martel D. Popescul, is likely the most reliable document yet published providing insight into the R. vs Stanley trial.

(This post outlines my analysis of why I think the Chief Justice led the Jury directly to a finding of not guilty. It was not a directed verdict in the usual sense, but his words had the same effect.)

And, in those words, all 11,000 of them, the Chief Justice attempts to summarize every aspect of the trial as well as the law governing the charges.  It took the Chief Justice just over one and one-half hours to read his document in court with copies then supplied to the Crown and defence as well as to each juror.

In the copy below, those parts which, in my mind, inexorably led the jury to conclude that Gerald Stanley was not guilty on all counts, are highlighted.  There is little doubt the majority of jurors would have found some parts of the summary so complicated as to render them nearly useless in their deliberations.

Having spent thirty years in law enforcement and a further twenty-five reading and writing about various law enforcement issues, I have some degree of understanding of these complex issues, but even at that, I found some sections of the summary tough slogging.

The jury, on the other hand, deliberated a mere fifteen hours before reaching a ‘not guilty’ verdict on all counts.  Fifteen hours is scant time to consider the various pieces of physical and verbal evidence presented over the two-week trial let alone give full consideration to the details provided in the Judge’s Charge to the Jury.

The jury was made up of random citizens selected from the community and while the process was random, many who have experience with law enforcement (police members active and retired, lawyers and judges, as well as a myriad of others involved with the criminal justice system) would have been removed from the jury pool. This is routinely done to remove any suggestion of bias.  Additionally, “pre-emptive” removals can be used to remove others that either the Crown or Defence think may not be impartial. It was by that process Defence Counsel removed all aboriginals from the jury.

As for the those selected, most are unlikely to have had any experience with jury duty and, before selection, will have been exposed to considerable information about the killing which led to the charge. Given the role played by ‘confirmational bias’ in the lead-up to and during the trial, the Judge’s charge seems the best source for an unbiased view of the case. Or was it?

While the Judge read his comments to the jury before handing them a copy, it is hard to rationalize how, in 15 hours of deliberation, the jury could absorb the complicated issues to a degree that would allow them to render an informed decision.  Because jury deliberations are secret, we shall never know exactly how they reached that verdict in such short order.

If you have the time and inclination to read the Judge’s words to the jury, you may or may not come to the same conclusion I have about a clear path being set out for them to render a ‘not-guilty’ verdict on all counts.

In the following copy, I have separated the ‘Charge to the Jury’ into several parts for easy reference and have highlighted some comments in bold (those I consider important) and in yellow, as ‘very important’.  In addition, I have made a few short comments on some numbered sections.

Before presenting the complete text of his remarks, I will submit the thread comments the Honourable Justice, made that I think pushed the jury towards a finding of ‘not guilty’ on all counts.  The fact the jury deliberations took less than two days suggests the Jury had likely made up their minds very early in the process.

Harold McNeill (Det. Sgt. Retired)

Note: Here is a short discussion along with related links regarding the rights and responsibilities of private citizens to use firearms as a means of Protecting Life and Property

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The Scratch and Lose Caper

Written by Harold McNeill on March 12th, 2017. Posted in Police Notebook, Tim Hortons Morning Posts


lottery-tickets_0

How to scratch open a jail cell.

At 2:00 am Sunday, or at that time any other day of the week, Greater Victoria was known as the land of “Newlyweds, Nearly Deads.” As traffic thinned during those early morning hours, the hum of the tires on a car traveling at high speed could be heard for miles. On this morning, the hum was that of an early 1960’s Oldsmobile, a machine having witnessed better days, as it sped East along Pandora, then onto Oak Bay Avenue.

The four young men inside were still hooting and hollering after partying late in one of the downtown clubs. They were now heading home to Gordon Head but having missed the Fort Street cut-off that would have taken them to Foul Bay Road then north, continued East along Oak Bay Ave. All had been drinking heavily and had no particular purpose in mind other than getting home to continue the party.IMG_0975

As they approached Foul Bay Road someone hollered: “Hey man, ya gotta turn here!” However, speed and distance would soon become limiting factors given the tank in which they were riding. The driver, his sense dulled by alcohol, braked heavily then cranked the wheel hard left. As momentum and weight took over, the tires broke away in a wide yaw that led first to the sidewalk, then to West wall of Frost’s corner store.

Photo (web) A 1960’s style Oldsmobile, 4-door.

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Comments

  • Harold McNeill

    January 15, 2021 |

    Wow, Graham, I was taken by surprise (but then again that’s not too hard). Having all you fine folks (my children by other fathers and mothers) would have been great. I’m hopeful that sometime in the not too distant future, we can reprise that trip. Perhaps we’ll just set aside a time for someone else’s landmark day, and we can surprise them. Love to you two. Harold

  • Graham and Nazanin

    January 15, 2021 |

    How could we miss this historic event my friend!!!
    Nazy and I were booked for that cruise Harold, we were looking so forward to it.
    We will be together soon! We both wish that continued unconditional love you receive from everyone to continue as you are that special someone that makes a difference in this world.
    Happy birthday sir, cheers!

  • Harold McNeill

    January 7, 2021 |

    Glad you found the site and that Dorthy enjoyed. I’ve added a lot of school photos in other locations linked to the High School Years stories. Cheers, Harold

  • Shelley Hamaliuk

    January 2, 2021 |

    Hi there, I am Dorothy Marshall’s (nee Hartman) daughter. Mom was quite excited when she discovered this site while surfing the net yesterday, so excited that she told me to have a look! She quite enjoyed taking a trip down memory and seeing old pictures of herself.Keep up the great work!

  • Harold McNeill

    April 14, 2020 |

    Hi Rick,
    Great to hear from you and trust all is going well. Our family members are all doing well but it must be pretty tough for a lot of people. I had once heard you were going to do some writing but never heard anything further. I would be most interested, but do you think the OB News have archives back to that time. Any link or information you could provide would be greatly appreciated. Did you keep copies? Regards, Harold

  • Rick Gonder

    April 14, 2020 |

    Hi Harold
    About 22 years ago I spent several weeks going through the OBPD archives. I wrote several stories that were published in the OB News. Feel free to use if they are of value to what you are doing.
    Keep this up, I’m enjoying it and it brings back memories.

  • Harold McNeill

    April 12, 2020 |

    Hi Susan,

    Glad you had a chance to read. I decided to update these stories by proofreading as there were several grammatical errors in many. Hopefully, many of those glaring errors have been removed.

    Many of the stories carry a considerable amount of social comment regarding the way the criminal justice system is selectively applied. Next up involves a young woman from near Cold Lake, Alberta, who was abducted by an older male from Edmonton. Her story is the story of hundreds of young men and woman who have found themselves alone and without help when being prayed upon unscrupulous predators.

    Cheers, Harold

  • Susan

    April 8, 2020 |

    Great read, Harold!…and really not surprising, sad as that may sound.
    Keep the stories coming, it is fascinating to hear them.
    Love from us out here in the “sticks”, and stay safe from this unknown predator called Covid.

  • Harold McNeill

    February 17, 2020 |

    Update:  Times Colonist, February 16, 2020, articles by Louise Dickson, She got her gun back, then she killed herself,” and,  Mounties decision to return gun to PTSD victim haunts her brother. 

    Summary: I don’t know how many read the above articles, but they contained the tragic details about young woman, Krista Carle’, who took her own life after suffering for years with PTSD. While tragedies such as this play out across Canada every week, the reason this story resonates so profoundly is that the final, tragic, conclusion took place here in Victoria. Continued in the article.

  • McNeill Life Stories Index to Police Notebook - McNeill Life Stories

    February 16, 2020 |

    […] Part I, Police solidarity and the push for amalgamation. Part II, Comparing police cultures and implementing change Part III, The past as a guide to the future Part IV The integration of police services […]