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Answered in 21 minutes by:
5/8/2010
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debra thal :
What is your question exactly?
Who roughed up the friend?
Did the police charge the person who roughed up your son's friend or just the kids?
Are you saying the kids didn't understand this was private property?
Customer:
what is my legal standing here? The building has boarded up windows having the appearance of being abandoned, it is whithin approximately 20 feet of train tracks on a public road close to a walking path accross the road is municipal land, 100yards from grain elevators. We have not been given any info on the man who held the friend and all he would say is that it is private property and yet when my wife arrived they were standing on the road way. my wife was 2 feet from the man in question demanding he release the boy to no avail. they had not contacted authorities like a person would if this was there concern, it was my wife who called. No, the man was not charged. Again there is no fence or signs thus these boys did not know they were crossing private property, if indeed they even set foot on the actual said private property.
debra thal :
Why did the police not charge the man with assault?
What have the boy's parents done so far?
Your son can plead not guilty if he wishes to do so and if it makes sense based on the facts.
This is a provincial offence and not a criminal offence and so aside from a fine there's not really any consequences of any concern.
The bigger issue in my mind is that the other boy was assaulted and held against his will by an adult who seems so far to have gotten away with it.
Customer:
The police officer advised my wife that the man had a right to make "a citizens arest and use reasonable force." The boys parents are considering pressing charges, needless to say that is they're decision, we are encouraging and willing to support that action. To also note upon arrival of the police my wife approached the officer and presented herself as the 911 caller which he would not talk with her and raised his voice to her to stand back and spoke disrespectfully XXXXX XXXXX and would not allow her in any discussion and yet allowed a mechanic from a neighboring tire shop to walk right up to the conversation and that was ok and still would not allow my wife to approach. His attitude did change when she advised that a complaint wuold be levied against him to the local detachment which on Monday we will do! Our son will plead not guilty, and we will not accept even a reduction to the $287.00 fine. Also another man present threatened to my son that if he wanted to he could kill him and we plan to charge him with uttering threats. if we can get his name. do the police have to divulge this info.? Thanks Debra
debra thal :
The police don't necessarily have to divulge the identification of the person unless they are ordered to do so.
A complaint about the police office certainly sounds merited.
I would suggest contacting the supervisor and explaining what happened and seeing his/her reaction.
I would also report the threats to the supervisor and see if they police will at least investigate.
You should understand that the police are really the ones who charge people. If they refuse to do so you can go to the local JP and ask the JP to charge the person but it's not at all easy to succeed in this.
I am sorry this happened these poor kids.
Customer:
Thanks again Debra. These are all my questions at this point. I am signing off and will press the accept button,
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