True and Fascinating Canadian History
Honouring the RCMP's Sesquicentennial: 1873 - 2023
Impostors, Criminal Law
And The Murders in Nova Scotia
April 18th and 19th, 2020
RCMP Vets. Ottawa, ON
Well intended volunteers across Canada who dress up in authentic RCMP kit and clothing risk their own lives because they are very easily mistaken in public for legitimate uniformed RCMP (police officers). While police officers are especially vigilant about their immediate surroundings, the RCMP uniform is a highly visible magnet which can attract some people who intentionally want to harm them.
The various RCMP uniforms which volunteers wear, and which are accompanied by unique police paraphernalia (only available legally to legitimate police officers) including RCMP cap badges, shoulder flashes, RCMP rank insignia, belts and buttons all add legitimacy to the wide deception of these volunteers. Unquestionably, they look like police officers, but they are not. And, that is a problem which the RCMP should fix before a volunteer is killed, or before Canadians raise a fuss over the proliferation of authentic RCMP kit and clothing which was handed out over the years to hundreds and hundreds of volunteers across Canada including a few dozen volunteers in Nova Scotia. In spite of the 22 murders in Nova Scotia in 2020 by a killer dressed up in an RCMP uniform, the RCMP has yet to take any firm steps to prevent harm or death to the hundreds of volunteers who masquerade in authentic RCMP uniforms and all the associated RCMP paraphernalia. To reduce the risk, volunteers could dress up in another uniform which is distinct to them and does not concretely identity them as police officers. The strategy would also go a long way to restore trust in the RCMP.
Volunteers must consider for a moment the risk of harm to themselves when they dress up in the RCMP uniform in public, and one only has to recall Hamilton’s Corporal Nathan Cirillo (right) who was shot and killed unexpectedly by an assailant while standing guard on October 22, 2014 at Ottawa's National War Memorial.
Corporal Nathan Cirillo's loss was a sadness felt by most Canadians, and no one could have predicted that his presence in public in a military uniform would result in his death. But, the Cirillo case highlights the dangers faced by police officers who wear the distinctive uniform of law and authority in public. Volunteers who dress up to look like police officers in the RCMP uniform and the authortative paraphernalia take the risk of an unexpected attack also.
The criminal law in Canada as well as similiar laws in other jurisdictions regarding impersonation of a police officer were crafted with two specific reasons in mind; first, to protect the legitimacy of the police officer's uniform, and secondly, to deter impostors from masquerading in the police officer's uniform. Upon conviction, fines are stiff. But, there certainly has never been any insinuation that these volunteers intend to commit a criminal act even though they do dress up in public in authentic RCMP kit and clothing and pretend to be police officers. The murders in Nova Scotia brought to the public's attention the degree to which impostors can cause harm when they dress up like RCMP in public. The Mass Casualty Commission (MCC) heard from people in Nova Scotia about impostors who dress in the RCMP uniform, and the hurtful sentiments expresssed by families left behind cannot be overlooked. Nova Scotians are especially skiddish about impostors, and volunteers who dress up in the authentic uniform of the RCMP ought to consider their future plans to masquerade in public as they have done in the past.
The issue of police impostors was well covered by the MCC in Nova Scotia following the 22 murders in the province on April 18th and 19th, 2020. It was discovered that the killer was dressed in an authentic RCMP uniform. As a result of the killer's deception, police impersonation and police paraphernalia became a major focus of the MCC. The MCC also cited several criminal cases which applied over the years to suspects who were charged as police impostors. The decisons of the courts and the criminal trials were also cited.
Whether or not the present criminal law is a deterrent to volunteers who dress up in authentic RCMP uniforms is another question, but a question which the courts will eventually have to decide. Here's the law. S. 130 of Criminal Code states,
Personating peace officer
130(1) Everyone commits an offence who (a) falsely represents himself to be a peace officer or a public officer; or (b) not being a peace officer or public officer, uses a badge or article of uniform or equipment in a manner that is likely to cause persons to believe that he is a peace officer or a public officer, as the case may be.
Punishment
(2) Everyone who commits an offence under subsection (1) [personating peace officer]
(a) is guilty of an indictable offence and liable to imprisonment for a term of not more than five years; or
(b) is guilty of an offence punishable on summary conviction.
R.S., 1985, c. C-46, s. 130; 2009, c. 28, s. 2.
Under S. 130(1)CC, a successful prosecution requires the Crown to prove a suspect, 1) used a badge or article of uniform or equipment, and 2) in a manner that is likely to cause persons to believe that he is a peace officer or a public officer, as the case may be.
In their minds, volunteers who dress up in the authentic uniform of the RCMP may be doing so quite innocently, however impersonating of a police officer is taken quite seriously by other police officers, as well as the courts. Other modes of dress which don't identify volunteers as police officers would take the people well outside the bounds of any prosecution. If volunteers are in doubt, they are encouragedto consult any police investigator who specializes in Personating a Peace Officer or a lawyer.
It may be worthwhile to examine some well publicized Impersonation cases.
In a new article on September 2nd, 2021, journalist Tim Petruk, reported that the RCMP, "seized police epaulettes and equipment, including a handcuff pouch and a tactical helmet, from a Kamloops man suspected of impersonating an officer, according to court documents. A search warrant was executed in late May, 2021. Investigators seized two air soft firearms, a compound bow, a butterfly knife and a silencer, as well as a police-style shirt and gear commonly worn by Mounties. Also seized were corporal epaulettes — the chevrons Mounties wear on their shoulders, indicating rank — and navy blue tactical pants. A suspect had been linked to a number of incidents of impersonating police, RCMP alleged in their search warrant application."
In 2021, the RCMP arrested an 18-year-old in Grande Prairie, AB. He was charged for one count of personating a peace officer. "The RCMP got a call involving someone who was believed to be impersonating an officer. The complainant told police that an older white Ford Explorer turned on red-and-blue LED flashing lights on the vehicle's dashboard. After the complainant pulled over, a man approached the driver's side of the vehicle and allegedly told the driver it was a joke. The complainant described the suspect, in part, as wearing a short sleeve uniform shirt with a police badge on a gold chain." (CBC: October 30, 2021).
An RCMP Bulletin recently announced a man was arrested for Impersonating a Peace Officer. "On July 7, 2021, Nelson House RCMP received a report that a male in the community of Nisichawayasihk Cree Nation may be in possession of two restricted handguns and a decommissioned police vehicle with a working light bar. RCMP found an old white Crown Victoria model vehicle with a red and white light bar on the roof. A suspect informed others he would be conducting patrols. A search warrant produced a BB gun handgun replica, bear mace wrapped in black tape, police style flashlights, tactical style vest, handcuffs, assorted ammunition, and the Crown Victoria vehicle with the light bar. Investigation determined the Crown Victoria was a decommissioned police vehicle." (RCMP File number: 2021977313. July 8, 2021)
Global News reported that the RCMP were investigating peace officer impersonation in northern Alberta. "The RCMP said a man falsely “identified himself as police” before attempting to enter a woman’s home near Valleyview, AB. The man first identified himself as police and, believing him, the woman opened her door. Police said the suspect attempted to enter her home and the woman was able to close her door and immediately call 911. The man fled the scene in what is believed to be a dark-coloured SUV. RCMP said the man was dressed in regular clothing but was wearing a police vest over a grey shirt that stated ‘POLICE’ on the chest and had a gold-coloured badge on the shoulder." (Demi Knight. Global News. June 8, 2022).
In April 2021, the media reported that the Stratford police were looking for suspect in their police impersonation investigation. "The suspect allegedly pulled over the complainant in a vehicle described as a black Dodge Charger with tinted windows, matte-black rims, no markings, no push bar, lights on the roof, and small, circular lights on the dash. The complainant told police the suspect was wearing a black, short-sleeve shirt with a silver badge pinned on the right side of his chest, black pants, and a utility belt with what appeared to be a holstered handgun on it." (The Beaccon Herald. April 23rd, 2021).
What can citizens do about suspected cases of Impersonating a Peace Officer?.
The Mass Casualty Commissison (MCC) in Nova Scotia spent considerable time examining the whole issue of Impersonation of a Peace Officer as well as the availability of police uniforms and police paraphernalia in Canada. Francis Campbell, a Multimedia Journalist reported on April 27th 2022 that a round table discussion was held by the MCC in Halifax with police experts who offered various viewpoints. Some of the opinions by the experts as reported by jounralist Francis Campbell are summarized here...
Julia Cecchetto, a retired police chief, said, "Nova Scotians should have no qualms about questioning the identity of people presenting themselves as police officers. Cecchetto said, “The public ... need to start questioning that, show me your badge, show me your ID, calling a dispatch centre and saying, do you have an officer Smith that works for you and is he working today or is she working today and follow it up.” Cecchetto said, "police impersonation is a source of betrayal.""
Brian Carter, a retired 25-year RCMP officer who has expertise in how to survive armed encounters said, “The public trust when someone is impersonating a police officer is just gone ... It takes years to get that back in the community where that occurs.”
Carter added, “We [police officers] want to preserve history and pass on a sense of pride that we have to our children, from our service,” Carter said, addressing the importance of retiring officers keeping their uniforms. “The uniform is how we do this. … The uniform is part of us. It’s not like putting on a suit today. Policing is one of the only professions in the world where you put on a uniform, walk out the door to go to work and you know that it might be the last day on earth for you.”
Another police officer Phil Bailey, was originally from Truro, NS but he spent most of his 40-year police career with Edmonton police. Bailey said, "police impersonation is devastating for the public. Police services have to be open and up front in communicating through the media what happened.” “Don’t try to downplay it, but at the same time, educate your officers so that when you are asked for your identification, produce it.”
Meaghan Daniel, a social justice lawyer from Montreal, spoke by video. She said, "people want to rely on the narrative that equates police with security. We need that story in order to feel safe. Now that we don’t know a real cop from a pretend cop or a police impersonator, we have an ongoing feeling of fear and vulnerability. The ongoing breach of trust is a profound loss", she said.
In summary, there was wide and agreed upon consensus that impersonating of a police officer is equated to broken trust by anyone who masquerades in the authentic uniform of a police officers. The law applies to everyone, and the problem which volunteers face could easily be fixed. They have options. Volunteers should dress up in a uniform which is distinct to them and which does not identity them concretely as police officers. Once again, the strategy would go a long way to restore trust in the RCMP.
Reporting from Fort Healy,
J. J. Healy
August, 2022
Campbell, Francis. Public needs to 'start questioning’ police for identification, former chief says. Atlantic News. April 27, 2022
Petruk, Tim. RCMP equipment, police gear seized from home of man accused of impersonating Mountie. Castanet. Kamloops, BC. September 2, 2021
Sec. 130 CC
