Bill C-309

[Warren Toda]

Bill C-309 was passed into law today. This amendment to the criminal law bans the wearing of masks or anything else that obscures one's facial identity during an unlawful assembly.

This means that a news photographer who wears gas mask, googles or bandana to protect themselves during a demonstration, or who wears a neck gaiter to a winter protest, now risks arrest.

Supposedly, police will be able to distinguish between demonstrators/rioters and "legitimate" wearers of (gas) masks. But if you were at the G8/G20 in Toronto, you will know that this is simply not true. At that event, police were unable to recognize news photographers even though they weren't wearing a mask and had police-issued ID hanging from their neck. Even passersby, many blocks away, were arrested just for having a bandana visible.

The politician who introduced this bill, and whom I suspect has never been to a demonstration or riot but perhaps may have seen one on TV, was today quoted as saying, "We can all rest easier tonight knowing our communities have been made safer with its passage."  Of course, this is absolute crap. Nothing like a politician trying to win some misguided votes.

Note that it's already illegal to wear a disguise while committing a crime and that law has certainly eliminated bank and store robberies.  

Unlawful assembly = at least three people collectively disturbing the peace.

[Jack Simpson]

Unlawful assembly = at least three people collectively disturbing the peace.

Could that threesome, possibly, include: a) the TahRanNah mayor and two(2) allegeds or b) Nigel Wright, Mike Duffy and a
hidden Albertan 

Jack

[Jack Simpson]

A point raised by a friend of mine:

"doesn't say whether this includes cops in swat getups? "

 

Jack

[Robin Rowland]

1. So does that mean that when members of First Nations wear traditional regalia and I don't mean the stereotype eagle feather "bonnets"  but headgear including various types of traditional masks/ partial masks or, as in a couple of cases at demos I've been at,  full wolf skins with the wolf head acting as a full mask, and that assembly is declared "unlawful" those people are going to be arrested and charged?  That sort of foolishness would only escalate the situation and probably lead to a constitutional challenge all the way to the Supreme Court. Experienced cops up here in NW BC are often very careful in those situations at demos where they may be making arrests, but rookies, new transfers and out of province reinforcements are not.

2. There is that obscure point in law of the "defence of necessity" and I am sure lawyers will have a field day saying if you're being hit by tear gas or pepper spray, a gas mask or soaked bandanna is a necessity.