PassedOut, on Jan 9 2010, 12:09 PM, said:
blackshoe, on Jan 9 2010, 10:23 AM, said:
onoway, on Jan 9 2010, 09:51 AM, said:
Regarding smoking..a month or so ago a long distance trucker was stopped in Ontario and given a hefty fine for smoking in his truck as it was "the workplace" although no-one else was travelling in the truck with him. This seems a bit much?
Ridiculous. Zero tolerance run amok.
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Even if the cop was stupid enough to give him a ticket for this, how could the judge be stupid enough not to throw it out?
This story looked so off-the-wall I wondered if there was more to it. Maybe a prostitute had complained about the smoke after leaving the cab or something. Nope.
Truckers furious after driver fined for smoking in cab: Considered a 'workplace'
I am not a lawyer and don't know whether to blame the officer, the judge, or (most likely) the lawmakers, but I absolutely agree with blackshoe and lobowolf. That fine was ridiculous.
It turns out that I am a lawyer, altho not the type of lawyer who would ever be involved in this kind of dispute: I do civil litigation.
The process in Canada depends on the nature of the offence. My guess is that this was a 'ticketing' offence, similar to speeding or other minor infractions of the law.
In that case, the decision about whether proceedings were to be instituted lay with the police....in more serious offences the police make a report to crown counsel (the prosecutor) who then decides whether the circumstances both justify laying charges and carry a reasonable prospect of conviction.
Once the process is underway, there is little discretion left in the system. That is desirable on the whole, else we get a situation in which the rule of law becomes subject to the personal attitudes of the prosecutors....which is to some extent unavoidable but which should be minimized to ensure equality of treatment to all.
In particular, the Judge has zero right to decide not to convict merely because he or she disagreed with the law. Anyone who criticizes a Judge in these situations has no understanding of the role of a Judge.
Furthermore, the usual practice in Canada once these types of laws are introduced is to have a publicly advertised period during which the police will issue warnings but will not issue tickets......once that period is over, abusers get ticketed.
We are having exactly that in British Columbia, where I live, with respect to cellphone use by drivers of vehicles....we have to be hands-free or get ticketed. That came into effect Jan 1, but the police will merely give warnings for (I think) 3 months.
I would be almost certain that the no-smoking in one's truck was treated the same way. If so, then all of this is just bullshit...a typical case of the media printing a story in a misleading fashion.
If the law is that I cannot so something, and it is publicized, and a probationary period is permitted, and I decide after that that my personal view is that the law is unfair....well...I can go ahead and break it...but I have NO moral right to be outraged when I get prosecuted, convicted and fined.
If I don't like the law.....I live in a democracy....I vote...I can join a political party, I can sponsor a petitions....I can write letters to the editor....I can try to get the law changed. What I can't do, unless I am a whining, selfish sniveller, is deliberately break the law and then protest that his being fined is unfair.
There are instances in history where deliberately breaking a harsh and unfair law resulted in changes to the law, but I doubt that there are any real parallels between the smoking trucker and Ghandi
Now, I don't know the exact facts of the case in point, and I am not saying that the smoker in question matched these harsh words...all we have is the almost certainly incomplete and quite possibly inaccurate words from the newspaper article. There may have been no adequate warning. The driver might not be the one complaining, and so on. But after 30+ years of litigation, during which the media has reported on a number of cases in which I have been involved, I remember only one story that contained no significant error, distortion or omission.
'one of the great markers of the advance of human kindness is the howls you will hear from the Men of God' Johann Hari