A Usenet persona calling itself Paul Skoczylas wrote:

"Scott Weiser" wrote in message
...

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.

They can choose not to. But they can only choose to if asked to by the
province (or municipality, but those are mere adjuncts to
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.

Actually no. Canada's Consitution says that the feds make the criminal code,
but the provinces have exclusive authority to enforce
it. It doesn't have to make sense to you, but it is true. It's a good thing
in a way: we have a uniform criminal code across the
whole country, but we still have regional policing. It does have drawbacks,
though, such as when a provincal premier declares that
he will not allow crown attorneys (who work for the province) to prosecute a
federal law which he disagrees with. This is a
problem, since the feds don't have their own prosecutors. (This has actually
happened.)

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.

Nope. As I explained above, things are different here in Canada. Criminal
laws are ALL federal laws. But according to the
Constitution it falls to the provinces to hire police to enforce them and
crown attorneys to prosectue them. Most provinces (though
they cover only half the population of the country) CHOOSE to hire the RCMP to
be their police force, but this is at their (the
provinces) own discretion.

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.

And you're still wrong. With the exception of a very small category (e.g.
international smuggling) as I said before.

Interesting. Thanks for the information.
--
Regards,
Scott Weiser

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© 2005 Scott Weiser