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Monday, March 28, 2016

14 comments:

G said...

So GO Transit officers can't be bothered to enforce fines for smoking on the platform, dirty feet on seats, or parking violations, but they're on the lookout for illegal immigrants!? How in the hell does that fall within their scope of work?

Squiggles said...

Did you read the article itself G?

The guy hadn't paid his fare - which is why the GO transit person was asking for ID. On top of that, he didn't have any Canadian ID on him. Was in Canada with a US passport, waited until after all this went down to seek to declare his citizenship (because he was born abroad, he didn't have a Canadian birth certificate).

All of this could have been avoided had he paid his fare and had proof of purchase.

Yes, he may have waited too long in jail, but I think there is nothing wrong with this. Had he followed the rules, he wouldn't have been in the situation in the first place.

G said...

Don't get me wrong; I'm not defending his skipping the fare. The guy might be the biggest a-hole in the world. Nevertheless, I don't think it's the business of GO Transit cops to be policing immigration.

Christopher Unknown said...

When identification is in question, contacting border services is one way to verify identity (through records of entry into Canada, etc.).

No checks are run (aside from internal records) if identification is not in question.

Sometimes, police record and/or border service checks confirm identification and also turn up warrants. It happens.

Rory said...
This comment has been removed by the author.
Rory said...

One lesson to take away from this folks is don't be cavalier about your paperwork. If this guy had taken the time to regularize his citizenship status before being stopped by the GO Transit Officer he would have walked away from this indecent with a ticket and nothing more. Then again if he had bothered to pay the fare and hold on to his receipt the Go Officer would have had no reason to run his ID in the first place. That all having been said if CBSA really did keep this guy locked up after they realized he had a right to Canadian Citizenship then they are liable and should compensate him.

Ed said...

Another case of a loser who doesn't bother with doing the paperwork and then blames everyone else when that causes problems.

It would not surprise me if that was a setup so he can cash in big time.

It's so simple to avoid these situations but another over entitled dickwad figures its too complicated and therefore unnecessary.

No sympathy from me. You don't follow the rules, you accept the consequences.

Bob Loblaw said...

Yikes, people are too harsh here. GO Transit should have some means to get fares and fines paid directly in cases where a person doesn't have ID. A free country should not require us to carry ID at all times. This guy was just being a young fool. His treatment was equivalent to that of a police state.

Christopher Unknown said...

Bob, let's give you a lesson in the law. When you break it, police have the right to identify you. Go Transit Officers are Special Constables (Powers of a Peace Officer - same authorities as a Police Officer on or in relation to GO Transit Property).

If you are on the train without a fare, it may constitute the criminal offense of 'Obtaining Transportation by Fraud'. This offense is unlikely to result in arrest; one means to do so is via fine. However, the fine can only be attributed to a person who's identity is confirmed. Also, part of the reasoning to proceed by fine rather than Criminal charge is a lack of prior offenses - citing the need to verify identity of the accused.

Reasons for arrest when a Criminal act has occurred: identify the accused, prevent repetition of the offense, ensure accused attends court, preserve evidence, or if required to ensure protection of the public or accused.
--> Can't satisfy identity = reason for arrest.

Nobody ever has to identify themselves - so long as they don't break the law.

Christopher Unknown said...

Further to this, if arrest was never an option for this offense, nobody would ever need to identify themselves. This would ensure no consequences are possible for fare evasion, ever, under any circumstances.

This would create a free-for-all.

Maybe we need to make transit free and we should all have put tax rates increase to pay for it - that way nobody gets arrested.

G said...

Actually, Chris, most of them are Provincial Offenses Officers (see By-Law No. 5) who have no such authority. By-Law #2 simply requires someone to produce proof of ID, which this guy did by showing his Filipino driver's license so I still can't see why a GO Transit ticket-checker would turn him in as an illegal immigrant. Surely non-residents are allowed to ride the GO Train?

Squiggles said...

My guess is he start flipping off about being Canadian and "Rights". That is why when presented with non-Canadian ID, he called the CBSA to check up on him.

Ed said...

The right of citizenship does not mean he is a citizen.

Plus a transit safety officer has full police powers on all GO property including arrests and detention. Fare inspectors always call for a TSO when they get into a situation such as this and direct those officers as to the situation. Then they let the TSO handle it. The fare inspectors had no hand in what happened because they simply don't have the authority.

Finally the officers will only accept government issued id from Canada as proof of Canadian citizenship. This guy had nothing that could be validated so off to the pokey for him until the CSBA gets him.

Again if you want to be a rule breaking dickwad, then expect to be treated like a criminal.

Rory said...

Transit Safety Officers tend to do the fare inspections on late night trains instead of the Customer Attendants due to the prevalence of other issues that happen on those runs, such as drinking on the trains and disorderly behaviour. The article says that this guy was stopped just before midnight, so it is almost certain that the officer who dealt with him was a special constable.