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mac25 · 08-17-2011, 03:40 PM

@ phil@rise, in the case of your radar detector i'm sure if you wanted to and had evidence such as a dash cam. you could press charges or sue the officer in question because

section 423 of the canadinan criminal code, criminal threats and intimidation states

" 423. (1) Every one is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who, wrongfully and without lawful authority, for the purpose of compelling another person to abstain from doing anything that he or she has a lawful right to do, or to do anything that he or she has a lawful right to abstain from doing,"

subsection D states

(d) hides any tools, clothes or other property owned or used by that person, or deprives him or her of them or hinders him or her in the use of them;

full source criminal code of canada, Criminal Code of Canada : http://laws.justice.gc.ca/en/C-46/index.html

so since the detector is a legal tool that you own and the officer "deprives him or her of them or hinders him or her in the use of them", without grounds to seize the item such as for evidence, you could press charges.

but again, i am asking if the use of intimidation is legal by officers in canada. i do not know of a law that allows it.

08-17-2011, 03:40 PM	#13
mac25 Everyone wants a piece of R S... Join Date: Mar 2011 Location: vancouver Posts: 391 Thanked 130 Times in 57 Posts Failed 156 Times in 20 Posts	@ phil@rise, in the case of your radar detector i'm sure if you wanted to and had evidence such as a dash cam. you could press charges or sue the officer in question because section 423 of the canadinan criminal code, criminal threats and intimidation states " 423. (1) Every one is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who, wrongfully and without lawful authority, for the purpose of compelling another person to abstain from doing anything that he or she has a lawful right to do, or to do anything that he or she has a lawful right to abstain from doing," subsection D states (d) hides any tools, clothes or other property owned or used by that person, or deprives him or her of them or hinders him or her in the use of them; full source criminal code of canada, Criminal Code of Canada : http://laws.justice.gc.ca/en/C-46/index.html so since the detector is a legal tool that you own and the officer "deprives him or her of them or hinders him or her in the use of them", without grounds to seize the item such as for evidence, you could press charges. but again, i am asking if the use of intimidation is legal by officers in canada. i do not know of a law that allows it.