• Home
  • About
    • About Christopher di Armani
    • Disclosure Statement
    • Code of Ethics
    • Privacy Policy
  • Contact
  • Gun Laws 101
  • FPO Violators
  • Store
  • Donate
  • Hire Me

Christopher di Armani.com

In Praise of Individual Rights and Freedoms

  • Top 25
  • Big Brother
    • Access To Information
    • Bureaucratic Incompetence
    • Bureaucrat’s Rule #1
    • Censorship
    • Feeding at the Government Trough
    • Lemonade Freedom
  • Common Sense
    • Expressions of Gratitude
    • Good Samaritans
    • Good Stuff
    • In Memoriam — Remembering our Heros
    • Life
    • Personal Responsibility
    • Politically Correct Madness
  • Courts
    • Abusive Prosecutions
    • Civil Forfeiture
    • Human Rights Tribunals
    • Judicial Corruption
    • Justice Denied
    • Justice System Abuses
    • Police Sentencing Double-Standards
    • Prosecutorial Misconduct
    • SLAPP Lawsuits
  • Crime
    • Abuse of Trust
    • Canadian Mass Murders
    • Firearm Prohibition Orders
    • Human Depravity
    • Immigration Issues
    • Racism
    • Restraining Orders
    • Sexual Predators
    • Violent Criminals
    • Wrongful Convictions
  • Guns
    • Concealed Carry
    • Dial 9-1-1 and Die
    • Firearms Act
    • Fun Gun Stuff
    • Gun Control
    • Gun-Free Zones
    • Gun Politics
    • Gun Registration
    • Negligent Discharges
    • Target Shooting Competitions
  • Islam
    • Canadian Islamic Disgraces
    • Islamic Terrorism
    • Radical Islam
    • Sharia Law
    • The Religion Of Peace
  • Police
    • Abuse of Police Authority
    • Filming Police
    • Great Police Officers
    • Officer Down
    • Police Brutality
    • Police Corruption
    • Police Misconduct
    • RCMP Accountability
    • RCMP Hall of Shame
    • Warrantless Searches
  • Politics
    • Elections
    • Ethics in Politics
    • Political Antics
    • Political Corruption
    • Social Justice
    • Stupid Human Tricks
    • Union Bay Improvement District
  • Rights
    • Charter of Rights and Freedoms
    • Constitutional Violations
    • Freedom of Assembly
    • Freedom of Religion
    • Freedom of Speech
    • Property Rights
    • Privacy Rights
    • Self-Defense
    • Unreasonable Search and Seizure

Hypocrisy: When the law is applied differently based on the job description of the violator

Published March 2, 2012 by Christopher di Armani Filed Under: Police Misconduct, Police Sentencing Double-Standards


A mere citizen would be facing a myriad of criminal charges, but that’s to be expected in the New Canada, where Justice and Criminality are determined not by your actions, but by your job title.

Take the case of Victoria Police Chief Jamie Graham.  Chief Graham left his loaded service pistol under the front seat of his police car.

Any mere citizen would be, as I said, facing numerous charges under the  Criminal Code of Canada.

According to those who know far better than I do about these things, here is a list of charges drawn up by respected Ontario lawyer Solomon Friedman that you, me or any other licensed firearm owner would face if we had left a loaded pistol with no trigger lock or locked gun case underneath the front seat of our vehicle, as Victoria Police Chief Jamie Graham did:

1. Careless storage of a firearm – CC Section 86 (1)
2. Storage of a firearm contrary to regulations – CC Section 86 (2)
3. Possession of a restricted firearm in an unauthorized place – CC Section 93(1)
4. Unauthorized possession of a restricted firearm in a motor vehicle – CC Section 94 (1)
5. Unauthorized possession of a restricted firearm with ammunition – CC Section 95 (1)

Now to be clear, you and I may not be charged with ALL of these Criminal Code offenses, but they are the ones we could be charged with.  The maximim penalties for these crimes range from 2 to 10 years in prison.

That does not count any additional charges that would result after our homes were searched by SWAT Teams, who would seize all our legally-owned firearms “for public safety.”

Chief Jamie Graham, of course, was not arrested or charged with any crime, nor was his home searched by a SWAT Team, despite this being standard operating procedures when dealing with any mere citizen.  The only punishment he will ever face for his crime is a letter of reprimand that has been placed in his permanent file.

How’s that for a deterrent?

“Just as I expect every member of this department to take full responsibility for their actions, I take responsibility for this incident and I accept the discipline authority’s findings,” Chief Jamie Graham said in a statement.

Well, why not “take responsibility for this incident” when doing so means absolutely nothing and has zero consequences attached?

Much ink has been spilled about the fact that police officers and police constables are not subject to the Criminal Code sanctions for firearm violations like you, me and any other mere citizen is.

While it is true that there are specific exemptions written into the law for members of law enforcement while performing their duties, one Victoria lawyer has made the case publicly that these exceptions do NOT apply and that Chief Jamie Graham should be charged with a criminal code offense.

Section 117.07 of the Criminal Code of Canada lists the exemptions for police, and they are many.

  • 117.07 (1) Notwithstanding any other provision of this Act, but subject to section 117.1, no public officer is guilty of an offence under this Act or the Firearms Actby reason only that the public officer
    • (a) possesses a firearm, a prohibited weapon, a restricted weapon, a prohibited device, any prohibited ammunition or an explosive substance in the course of or for the purpose of the public officer’s duties or employment;
    • (b) manufactures or transfers, or offers to manufacture or transfer, a firearm, a prohibited weapon, a restricted weapon, a prohibited device, any ammunition or any prohibited ammunition in the course of the public officer’s duties or employment;
    • (c) exports or imports a firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition in the course of the public officer’s duties or employment;
    • (d) exports or imports a component or part designed exclusively for use in the manufacture of or assembly into an automatic firearm in the course of the public officer’s duties or employment;
    • (e) in the course of the public officer’s duties or employment, alters a firearm so that it is capable of, or manufactures or assembles any firearm with intent to produce a firearm that is capable of, discharging projectiles in rapid succession during one pressure of the trigger;
    • (f) fails to report the loss, theft or finding of any firearm, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance that occurs in the course of the public officer’s duties or employment or the destruction of any such thing in the course of the public officer’s duties or employment; or
    • (g) alters a serial number on a firearm in the course of the public officer’s duties or employment.

 

Naturally, the spokesperson for Victoria’s Police Board, one Katie Josephson, made the claim that police officers are exempt from the safe-storage regulations while acting in the course of their duties.

“During the time Chief Graham had improperly stored his service pistol, he was on duty and engaged in authorized policing activities,” she said.

Victoria lawyer Christopher A. Siver makes the point in his article in the Victoria Times-Colonist that nothing in Section 117.07 exempts Chief Graham from charges under Section 86 of the Criminal Code of Canada. It is true, however that members of police forces do NOT require a firearms license, nor are they required to pass the Canadian Firearms Safety Course and obtain a Possession and Acquisition Licence if they do not own personal firearms.

The statement that criminal law regarding the safe handling of firearms does not apply to police is false. Section 86 of the Criminal Code makes it a crime to “handle, ship, transport or store a – prohibited [or] restricted weapon – in a careless manner or without reasonable precautions for the safety of others.”

Section 117.07 of the code lists the exemptions for police. None of the exemptions apply to careless handling or being without reasonable precautions for the safety of others. Leaving a loaded weapon under a seat in an unattended car is unsafe storage and careless handling. The officer searching Chief Jamie Graham’s car would not have expected the chief to leave a loaded handgun lying on the floor of the front seat. The chief’s actions put real people in danger.

The elements of the crime are there and admitted. A conviction is easily secured and is in the public interest as it is important for the Crown to show on a constant basis that no one person, no matter what office they occupy, is above the law. The fact that the garage was locked and only authorized personnel had access to the vehicle is inconsequential to the fact that the crime was committed. That is an issue Graham’s lawyer can take up with a judge on sentencing.

 

The problem here is one of double-standards and hypocrisy based not on the actions of the criminal but of the job title he holds.

Solely because he is the Chief of Police, Jamie Graham will never face the full and oppressive weight of the State for the criminal acts which he freely admits to.

You and I, however, don’t have the luxury of a fancy job title, so if we were to ever be found breaking the same laws in Victoria as Chief Graham did, you can bet the Victoria Police Department SWAT Team (no doubt on orders from Chief Graham himself) would be paying you a visit and you would NOT enjoy the experience.

 

For more, please watch Brian Lilley and Solomon Friedman discussing Chief Jamie Graham’s criminal code violations on Brian’s show Byline.

Author


  • Christopher di Armani

    Christopher di Armani is a freedom-loving Amazon bestselling author and current events commentator from Lytton, BC, Canada, who strives to awaken the passion for liberty inside every human being.

Check your inbox or spam folder to confirm your subscription.

Tags: Brian Lilley, Byline, Katie Josephson, lawyer Christopher A. Siver, Section 117.07, Solomon Friedman, Sun TV’s Brian Lilley, unlawful storage of a firearm, Victoria Police Chief Jamie Graham, Victoria Poplice Department

Did you find value in this article?

If you found this article useful or it contained valuable information and you want to thank me, the best way is to buy me a coffee or two. I'm very grateful for your support and would love to send you one of my "Thank You" gifts.

.

There appears to be an issue with the Chrome browser and the “Buy Me a Coffee” widget above. If you want to buy me a coffee and the link doesn’t work for you, please use one of these methods instead:

1. Send an Interac eTransfer to author @ christopherdiarmani.net (remove spaces)

2. Send via PayPal using this link: https://www.paypal.me/ThatLibertyGuy

3. Use your credit card in my online store to support me with a one-time donation, a monthly recurring donation, or an annual donation. See these links for all the details about the thank-you gifts I offer my supporters.

Comments

  1. don b says

    March 2, 2012 at 8:53 am

    Of course he takes full responsibility , nothing is going to happen, when your above the law.

    Reply

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Subscribe to my commentaries

Check your inbox or spam folder to confirm your subscription.

  • Email
  • Facebook
  • Pinterest
  • RSS
  • Twitter

Latest Tweets

Follow @ThatLibertyGuy

Christopher di Armani 🇨🇦
@ThatLibertyGuy

  • RT @madcanadian2017: Geezus. No words really. The ones I want to type, would get me banned or something. Ugh. How did Live-Streaming Rape…
    about 1 hour ago
    Reply Retweet Favorite
  • UPDATE: Repeat Offenders Caught Violating Firearm Prohibition Orders Since November 1, 2019: 828 No police agency… twitter.com/i/web/status/1…
    about 1 hour ago
    Reply Retweet Favorite
  • New comment: Nunavut MLA Calvin Pedersen Wants Firearm Safety Training Taught in Schools christopherdiarmani.com/17697/common-s…
    about 18 hours ago
    Reply Retweet Favorite
  • New comment: Ontario Drug Dealer Paul Alexander Brownlee Violates Firearm Prohibition Order christopherdiarmani.com/17510/guns/fir…
    about 23 hours ago
    Reply Retweet Favorite
  • Never let a crisis go to waste, says Chrystia Freeland. twitter.com/inklessPW/stat…
    about 1 day ago
    Reply Retweet Favorite

Most Popular This Week

  • Negligent Discharge Injures 11-Year-Old Girl
  • Officer Down: Iowa Department of Corrections Officer Robert McFarland
  • Ontario Drug Dealer Paul Alexander Brownlee Violates Firearm Prohibition Order
  • How did Live-Streaming Rape Become a ‘Thing’?
  • Officer Down: Washington County Sheriff’s Office Corporal Kyle Jeffrey Davis
  • No Right to Bear Arms in Canada? You might want to re-check your history.
  • France: Off-Duty Police May Now Carry Concealed Weapons

Most Popular This Month

  • No Right to Bear Arms in Canada? You might want to re-check your history.
  • BC Supreme Court Sides with Bonnie Henry, BC’s High Priestess of COVID
  • Promise Made Promise Broken: The Conservative Party’s Election Expense Rebate Clawback Debacle
  • Two More Ontario Drug Dealers Busted for Cocaine and Violating Firearms Prohibition Orders
  • Officer Down: Orlando P.D. Officer Kevin Valencia
  • Officer Down: Boulder Police Department Officer Eric Talley
  • Negligent Discharge Injures 11-Year-Old Girl

© 2004–2021 ChristopherDiArmani.com | All Rights Reserved

Close

Buy me a cup of coffee

A ridiculous amount of coffee was consumed in the process of writing these articles. If you enjoy my work, please buy me a coffee or two to keep me going!