❓ Question regarding the interpretation of section 318(1)(d) of the Criminal Code concerning assaults on off-duty police officers and mandatory sentencing. The Attorney General refers to case law, stating that the officer must be acting in the course of their duty.
AnsweredQoN 330Legislative Assembly
QuestionView source ↗
MANDATORY SENTENCING LAWS — OFF-DUTY POLICE OFFICERS
I have a supplementary question. Is it not a fact that section 318(1)(d), line 2 of the Criminal Code not only covers an officer who is assaulted performing his function of employment, but also, disjunctively, covers an off-duty officer, on account of his being such an officer, who is assaulted by reason of the office he holds? Mr C.C. PORTER
I have a supplementary question. Is it not a fact that section 318(1)(d), line 2 of the Criminal Code not only covers an officer who is assaulted performing his function of employment, but also, disjunctively, covers an off-duty officer, on account of his being such an officer, who is assaulted by reason of the office he holds? Mr C.C. PORTER
AnswerView source ↗
Again, as the member well knows, we have recourse to case law on this. “Being an officer in the course of your duty” is the term that the case law refers to, which means that one has to be acting in the course of his or her duty. So whether one is, Fred Flintstone-style, clocked on or off is not the trigger; it is the manner in which one is acting whilst employed as a police officer.
Mr C.C. PORTER replied: Again, as the member well knows, we have recourse to case law on this. “Being an officer in the course of your duty” is the term that the case law refers to, which means that one has to be acting in the course of his or her duty. So whether one is, Fred Flintstone-style, clocked on or off is not the trigger; it is the manner in which one is acting whilst employed as a police officer.
Again, as the member well knows, we have recourse to case law on this. “Being an officer in the course of your duty” is the term that the case law refers to, which means that one has to be acting in the course of his or her duty. So whether one is, Fred Flintstone-style, clocked on or off is not the trigger; it is the manner in which one is acting whilst employed as a police officer.
Mr C.C. PORTER replied: Again, as the member well knows, we have recourse to case law on this. “Being an officer in the course of your duty” is the term that the case law refers to, which means that one has to be acting in the course of his or her duty. So whether one is, Fred Flintstone-style, clocked on or off is not the trigger; it is the manner in which one is acting whilst employed as a police officer.
Again, as the member well knows, we have recourse to case law on this. “Being an officer in the course of your duty” is the term that the case law refers to, which means that one has to be acting in the course of his or her duty. So whether one is, Fred Flintstone-style, clocked on or off is not the trigger; it is the manner in which one is acting whilst employed as a police officer.
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