27
Feb
2005

Canadian law on stalking

I previously explained why group stalking does not come within the definition of the crime of stalking under California law. This and other state stalking laws that I have seen require a repeated course of conduct by a person. Single acts of harassment by a group of people do not meet this definition.

However, I just looked at the Canadian law. It is different enough to at least give you an argument that a single act of harassment in Canada comes within the definition of stalking:

s264. (1) No person shall, without lawful authority and knowing that another person is harassed or recklessly as to whether the other person is harassed, engage in conduct referred to in subsection (2) that causes that other person reasonably, in all the circumstances, to fear for their safety or the safety of anyone known to them.

(2) The conduct mentioned in subsection (1) consists of
(a) repeatedly following from place to place the other person or anyone known to them;
b) repeatedly communicating with, either directly or indirectly, the other person or anyone known to them;
(c) besetting or watching the dwelling-house, or place where the other person, or anyone known to them, resides, works, carries on business or happens to be; or
(d) engaging in threatening conduct directed at the other person or any member of their family.


To establish guilt of a crime, a prosecutor must establish the existence of each ELEMENT of the crime. There are two elements to the crime of stalking. The first element in Canada is that the defendant has engaged in any one of the four forms of harmful conduct listed in subsection (2) above.

California and other states require a REPEATED COURSE of harmful conduct by a person to satisfy the first element, but in the Canadian statute, notice that the word "repeatedly" is used in subsections (a) and (b) but not in (c) and (d).

A single act of watching the target's home or office or a single act of threatening conduct can thus satisfy the first element of the crime of stalking under Canadian law. You don't need to allege repeated acts by the same person. I don't know of any state law like this.

The second element of the crime of stalking under both Canadian and U.S. state law is that the prohibited conduct must cause the person reasonably to fear for his or her safety. This normally means a fear for physical safety.

The law does not say that the fear must be of harm from one person. You can reasonably fear harm from a group of persons because of an act by one person who is a member of the group. For instance, if you see a Mafia man watching your home, you would reasonably fear physical harm from the Mafia organization, not just from the watcher. For this purpose, you can bring in the stalking gang. The stalking of one person puts you in reasonable fear of harm by the stalking gang.

You probably don't see anyone watching your home. Do you see anything that police would consider a threatening act? Police will interpret "threatening act" to mean a threat of physical harm, but the law does not contain this limitation. You can argue that any harassing act is a threatening act. It is a threat of continuing harm to your emotional health by continuing harassment of a group of stalkers of which the threatening stalker is a member.

This is stretching the Canadian law to try to apply it to our situation. I your police really want to help, Canadian law gives them something to work with. If they don't want to help, they won't accept the argument. They will interpret "threatening act" to mean a threat of physical harm.

It's worth a try in Canada, but I don't know of any U.S. state law under which this argument could be made.

I'm all in favor of making police reports and of recommending to police your method of identifying stalkers. I would like to see all targets making repeated police reports so that police can't keep pretending ignorance of what is happening.

However we can't get police to take reports unless we report facts that constitute crimes as defined by law. There is a way to report the crimes of group stalkers instead of reporting separate harassment acts of separate stalkers, which are not recognized as crimes. I'll get to that subject next.

I'm trying to curb my habit of writing so much at a time that nobody reads it. The subject of establishing our right to police protection deserves a lot of thought and analysis. So I'm doing a part at a time and hoping to arouse some interest and discussion as I go along.

Bob


From Susan

How this written question to the Minister of Research did come into existence

I would like to clarify how this written question to the Minister of Research (it's not being discussed yet in the Parliament) did come into existence because for one it was the result of some efforts by our group (CAPT) which is of course based on and thanks to the huge amount of work which is done and has been done for many years on the lists by all the individual victims (mcactivism, before mc@topica.com and also Star.Mail from Omega CI) and with the support of the documentation on the various websites, this is therefore of course a collective effort and it was acknowledged and clearly indicated on the leaflet given out to the the Member of Parliament Mr. Claude Goasguen, which quotes and refers to the various groups and individuals in the US and in Europe. (as can be seen here:
http://members.aol.com/_ht_a/ccapt2001/tract.html - it's not perfect but it's a concrete approach)

So this is not to put some sort of copyright on this written question but to show that the question was received because for one the right people at the right time were there (this you can never know) but also because it puts up front collective efforts, achievements, knowledge (reference to people-with scientific knowledge- or to literature) and also asking the people in charge something that comes within their scope of power or activity.

The leaflet above asks victims or people to sign a card (that BTW quotes the Initiative Report by the European Committee on foreign affairs, environment and security from Maj Britt Theorin) and to send it to the French Minister of research.

This is what the Member of Parliament has done: Send a written question to the Minister of Research (it is not yet being debatted in Parliament, even though we have received one more message of support by another MP, after sending out a Powerpoint Show with again references and the name of groups and individual activists.
It might be because it's the right time, but we are quoting you so please remember that this is the results of victims efforts.

This postcard/leaflet was given out at two demonstrations - in November 2004 for a free and independent press - in December 2004 on the International Protest against Violence toward Women Day, and sent to some members and victims.

This is of course a general approach without going much into details but the aim is to have investigations, hearings so that the different stories, accounts can be heard. It's not to give one unique interpretation.

Because it sometimes seems that there is a tendency among victims not to valorize their own and other groups and victims efforts, and sometimes to be overly critic and destructive with other victims, this is probably a consequence of torture and harassment.

Of course this is not true for everybody, and I hope my quick reply and my broken English will not create more misunderstandings.

Again, I'm not trying to prevent people from doing activism with this information ! Eventhough (it might be a coincidence) a communique is being sent out here, but it's impossible even for a group to reach all and everybody so other initiatives and approaches or even point of views are important and add some weight, strength to the subject.

The point is not to negate that others exist and besides the local knowledge to approach the right people can be important too, it's not a competition about who will be first.

I'm not even for a too organised approach, creative but collaborative efforts with all the individual knowledges and sensitivities as is done on the list can be effective too.

Progress has been made in France because there are victims there too, doing somewhat organised (collective letter writing) or just individual activism, because here like anywhere people only care about what is of concern to them. (eg the WTC was full of people from allover the world and it has changed world politics).

Until now the US has the most literature and documentaries on the subject, there's been progress lately with articles in the UK too, Russia has a law thanks to the Russian victims...)

Mojmir Babacek had done an International appeal when the Space preservation Law (HR2977) was being discussed. Victims on the lists helped send it to various newspapers. I had helped translate and send out the document in France, I learned recently because the newspaper didn't contact us that this critical newspaper (that already had published one victim's account) had published a very short version of this communique, (2 years later by another victim, who had saved the article).

Thanks for your attention and comprehension, I'd be interested to know approximatively what is being sent out in France and perhaps follow it up, I'll also be happy to support any effort but there's no obligation (because it does take a lot of time).

Best regards

NL

--------

I am about to put in my file http://www.aisjca-mft.org/help-europe.htm your quotes - in the original three languages of the mail.

It is important to send as soon as possible your agreement or disagreement since the drafts of the book which mirrors the site is just today in the ultimate correctiona at the pages of the chapter "Links Europei contro la Pedofilia, il Settarismo e gli Abusi Strutturati e/o Rituali "

http.//www.aisjca-mft.org/help-europe.htm : mostly since "it sometimes seems that there is a tendency among victims not to valorize their own and other groups and victims efforts, and sometimes to be overly critic and destructive with other victims". Victims or helpers no matter. But this is quite inevitable - even if very bothersome and damaging - considering the so DIFFERENT cultural basis of them, the so DIFFERENT knowledge: for someone direct also political awareness and for some others only a not otherwise explained subjective sufferings.

Anna

ASSOCIAZIONE ITALIANA,SCIENTIFICA E GIURIDICA, CONTRO GLI ABUSI MENTALI FISICI E TECNOLOGICI
A.I.S.J.C.A-.M.F.T.



Petition against "Abuses by Directed Energy systems"
http://mindcontrol.twoday.net/stories/502195/

NATO's Secret Armies: Operation Gladio and Terrorism in Western Europe

http://cryptome.org/cia-FM30-31B.htm
http://cryptome.org/northwoods.htm
http://cryptome.org/northwoods.htm#northwoods
http://www.themoscowtimes.com/stories/2005/02/18/120.html


Informant: Terry Melanson


http://www.google.de/search?q=+NATO's+Secret+Armies%2C+Operation+Gladio+and+Terrorism+in+Western+Europe&sourceid=mozilla-search&start=0&start=0&ie=utf-8&oe=utf-8&client=firefox-a&rls=org.mozilla:de-DE:official

--------

How our governments use terrorism to control us
http://omega.twoday.net/stories/1210146/

I am a victim too

http://disc.server.com/discussion.cgi?id=149495;article=76573;show_parent=1
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