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  • Montreal, Quebec Canada

    Hello,

    Using this as a learning experience, hopefully there’s someone here who is a police officer in Montreal and can shed some light on this... My partner and I are in a late night take out restaurant standing in line to order food. I get off the line to use the restroom leaving my partner to order food for the both of us. I return to witness nudging and pushing and an exchange between my partner and a man I hadn’t noticed when I left to the restroom. The man is demanding to be allowed to cut the line and has refused to move while continually judging my partner back and stating “you want to go?!? I’ll **** You up!”. I get between them in an attempt to settle the confrontation and prevent any further escalation. Continuing to make verbal threats after being physically separated the man begins rummaging through a black duffel bag he had around his shoulder while continually stating “I have something for you!” Everyone in the restaurant backs up, fearing the worst. He pulls out an expandable baton. Holding the baton in his hand, unextended he says “you want some of this?!?”. Because of the aggressive behavior by the man the restaurant refuses service and calls police. I also call the police as the man is leaving. Police arrive and detain the man after a short foot pursuit. They recover the baton from his bag. We are asked what happened, asked for ID and told to enjoy the rest of our evening... Now my question, is what I described considered a crime in Canada and/or Montreal? I’m a police officer in NY and from my knowledge training and experience had this happened in NY this would be considered menacing under New York State Penal Law. I understand there will be differences because we are two different nations. Hope someone can give me some insight, looking to learn something new.

  • #2
    Did they arrest him? Your explicitly detailed story leaves that out.
    Now go home and get your shine box!

    Comment


    • #3
      When we left the scene he did not appear to be under arrest. The officer took our information from our ID’s however he did not ask for a phone number or an official statement on the events that took place. He told us we were free to go and enjoy the rest of the evening. I would imagine that information would be necessary to prosecute the case.

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      • #4
        There you go. Doesn’t sound like they arrested him. Their country, their rules.
        Now go home and get your shine box!

        Comment


        • #5
          Not a Canadian cop, but just offhand my guess is with you being foreigners, the likelihood of the Crown paying for you to return to Canada to testify would be minimal, so there would be no arrest.

          If a similar situation occurred in NYC, what would the likelihood be of the NY DA paying to bring a couple of Canadians down from Montreal, putting them up in a hotel and paying to send them home, all to testify in a crime of that level?

          Going too far is half the pleasure of not getting anywhere

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          • USAFSF
            USAFSF commented
            Editing a comment
            If this happened in NY he would have been arrested if the victim was a tourist or not. The DA providing for travel expenses on the other hand would not be likely for a crime on this level. This did run through my mind as well, they squashed it to avoid the system having to deal with this scenario later. Appreciate your response.

        • #6
          Originally posted by CCCSD View Post
          There you go. Doesn’t sound like they arrested him. Their country, their rules.
          Hahaha!!! Very true indeed. Thanks for your input.

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          • #7
            This wasn’t a big deal crime. No one was injured, no property damaged.
            Now go home and get your shine box!

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            • #8
              Interesting to make comparisons - In my part of the world in the case as described, provided there was no risk of the continuation of the offence and through proper identification the police could ensure the attendance of the offender at court then arrest would not be necessary and they could proceed by summons; however I note in the replies no mention has been made of the offender being in possession of the extendable baton which in my part of the world is a prohibited/offensive weapon and the offender would be in addition to any other offences be charged with being in possession of an prohibited/offensive weapon.

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              • #9
                Can't speak for Québec obviously, but over here your assailant would have been arrested any day of the week. We've got possession of an offensive weapon in a public place with a possible side order of affray or common assault. The man then runs off. That doesn't speak to me as an individual for whom service of a summons would be appropriate.

                From the point of view of the attending officer, it would be a nice, easy offence to deal with; as soon as the baton is found in the male's possession, it would be game over, given it is an offensive weapon per se. It would then just be a case as to how energetic the officer felt as regarded demonstrating the aggravating factors, namely grabbing CCTV in the restaurant and taking statements from employees and customers who saw the weapon and heard the threatening language. I would certainly have grabbed a quick statement from the person who had been threatened, even it was only three or four sentences. There isn't a lawyer on earth who wouldn't tell his client to go guilty at the earliest opportunity if we've found the weapon on him and have a statement from the aggrieved - maybe he won't come back for a trial but then, maybe he will. Our man would be looking at six months inside if he had any similar previous convictions.
                I'm a little bit waayy, a little bit wooah, a little bit woosh, I'm a geezer.

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                • #10
                  I have never worked in Quebec, but I SUSPECT that the attending members either wrote the call off without charges due to you being a foreign witness, as suggested by L - 1, or they went with a criminal charge with thrm finding him in possession of that weapon which would not require you to testify about, or maybe seized the weapon and gave him a ticket re drunkenness.
                  I am not impressed with them failing to get more info, and statements, from you and your partner.
                  #32936 - Royal Canadian Mounted Police - 1975-10-27 / 2010-12-29
                  Proud Dad of #54266 - RCMP - 2007-02-12 to date
                  RCMP Veterans Association - Regina Division member
                  Mounted Police Professional Association of Canada - Associate (Retired) member
                  "Smile" - no!

                  Comment

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