A Usenet persona calling itself Paul Skoczylas wrote:
"Scott Weiser" wrote in message
...
A Usenet persona calling itself Paul Skoczylas wrote:
Well, I believe the RCMP does also enforce federal and province laws in the
vast largely uninhabited areas of Canada, including Indian reservations.
In all provinces other than Ontario and Quebec, that would be correct. ON and
QC have their own police forces which enforce the
laws in the remote parts of their territories. None of the other provinces
have chosen to form their own police forces, though they
do have the authority to do so. Many Indian reservations have their own
police forces. Those that don't would hire the RCMP in
most provinces, or the provincial police in ON and QC.
It says on the RCMP website: "We provide a total federal policing service to
all Canadians and policing services under contract to
the three territories, eight provinces, approximately 198 municipalities and,
under 172 individual agreements, to 192 First Nations
communities." Note that it specifically says "under contract" for provinces,
territories and municpalities, and
"under...agreements" for the reservations. Contracts and agreements can be
terminated.
I think the important part is the "total federal policing services." This
indicates that they retain federal powers everywhere, no matter what, and
may choose, or not choose, to provide local and municipal enforcement.
So
tell me, does the RCMP have jurisdiction to take control of a major case in
the event the locals aren't (or can't) handle it?
My understanding is that they would NOT have such jurisdiction in the vast
majority of cases. There would be likely be some
exceptions (I believe smuggling across international borders is RCMP's
exclusive jurisdiction, for example). Enforcing the national
criminal code (including murder, kidnapping, etc) is the exclusive
responsibility of the provinces.
I don't think so, based on your quote above. Clearly the national criminal
code is a federal matter, and thus the RCMP has jurisdiction to enforce it
wherever it chooses. That's always been my understanding of the role of the
RCMP.
Note that municipalities exist
at the pleasure of the provinces (not the feds), and are not enshrined in the
constitution, so the *provincial* solicitor general
would have the authority to grant jurisdiction in any specific case to a
different police force (which could be the RCMP, or the
provincial force where there is one, or it could be a force from a
neighbouring municipality) if he/she feels a municpal police
force was not up to the task for that case. The RCMP does not have the
authority to make that decision themselves.
I would guess that only applies to provincial or local laws, not national
(federal) laws.
Moreover, I suspect that in those areas where the locals do not have local
cops, the RCMP maintains jurisdiction to enforce, at the very least, federal
and province laws.
Where there is no local force, the provincial force prevails. Outside ON and
QC, that means the RCMP, but at the pleasure of the
provinces, which do have the authority to form their own forces if they wanted
to.
But I still say that the RCMP retains its authority in *all* provinces to
enforce federal laws, and that it has jurisdictional superiority over
provincial and local law enforcement in that sphere.
--
Regards,
Scott Weiser
"I love the Internet, I no longer have to depend on
friends, family and co-workers, I can annoy people WORLDWIDE!" TM
© 2005 Scott Weiser
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