Asperger, language precision and interpreting statutes...

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xenon13
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02 Jun 2014, 6:50 pm

Right... it has been established that Asperger people are more precise with language... I will present here a very controversial and (in my opinion) gravely misunderstood provision of the Highway Safety Code here in Quebec... Provisions like this are broken down into essential elements of the offence, each of which must be proven by the prosecution in court... I want to have people's opinions as to what these are and what they mean...

Quote:
500.1. No person may, during a concerted action intended to obstruct in any way vehicular traffic on a public highway, occupy the roadway, shoulder or any other part of the right of way of or approaches to the highway or place a vehicle or obstacle thereon so as to obstruct vehicular traffic on the highway or access to such a highway.

A peace officer may remove or cause to be removed, at the expense of the owner, any thing used in contravention of this section. The peace officer may also seize such a thing; the provisions respecting things seized in the Code of Penal Procedure (chapter C-25.1) apply, with the necessary modifications, to things so seized.

This section does not apply during parades or other popular events previously authorized by the person responsible for the maintenance of the public highway provided the highway used is closed to traffic or is under the control of a police force.

For the purposes of this section, a public highway includes a road being used as an alternate route for traffic diverted from a public highway even if the alternate route is situated on private property, and a road under the administration of or maintained by the Ministère des Ressources naturelles et de la Faune.

2000, c. 31, s. 5; 2003, c. 8, s. 6; 2006, c. 3, s. 35.


I ask for a particular focus on "concerted action intended to obstruct" traffic... what do you think it means? What are examples of such an action? Also, what are the essential elements of the infraction?



naturalplastic
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02 Jun 2014, 7:33 pm

It means "if your car breaks down in the middle of the lane it aint your fault, but if you purposely park your car in the middle of the highway with the intension of blocking traffic your gonna get arrested, and charged."

Not much to it really.



Marybird
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02 Jun 2014, 7:34 pm

I'm not very precise with language but I think it means something like during road repairs or construction.
Mostly It means you will need a really good and expensive lawyer to interpret this legal babble if you wish to avoid prosecution in a court of law.



snufkin
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02 Jun 2014, 8:02 pm

I think it just means "Don't block the highway with your stuff, or your stuff will be removed/confiscated".



starkid
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02 Jun 2014, 8:10 pm

It refers to intentionally blocking traffic, as opposed to accidentally blocking traffic.



dianthus
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02 Jun 2014, 8:30 pm

"Concerted" implies that it is being done by a group, not just an individual.

I'm thinking for instance, not sure if people see this happen much in other places, but around here sometimes on weekends a group like the Shriners will congregate at an intersection to ask for donations, or sell doughnuts for charity, that kind of thing. I think the point would be that it is okay for a group to do something like that as long as they don't hold up traffic in any way. They just make themselves visible and available you can stop and give money or not. But if it was done with the intent to obstruct traffic, like if they get in front of your car and stop you from proceeding down the road it would be illegal.

The main examples that come to mind for me would be people asking for donations, or selling things or perhaps blocking the road as a form of political protest. I can't think of any other reason why a group would get together to impede or stop traffic.



xenon13
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02 Jun 2014, 11:21 pm

I see some people are suggesting that the purpose of the action may be something other than obstructing traffic... think about this; does anyone really think that's what it says?

By the way, "concerted action" is a legal expression; in tort law it's used for joint liability and requires a "common design", which if used here, would be to obstruct traffic. Also it is used in criminal law when dealing with aiding and abetting, it's said that there is a concerted action involving the principals and those assisting them. Also, in issues having to do with cartels and anti-competitive acts by companies, and finally in labour law where industrial actions is described as "concerted action". In each case, it involves a "mutually contrived plan", as Black's law dictionary puts it, thus this requires that those in the action participate in planning the action...



xenon13
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02 Jun 2014, 11:23 pm

There is a difference between intention to block and intention to obstruct. An intention to obstruct is an intention to have a traffic jam, more or less... an intention to block may be done with another purpose. In French the world used is "entrave" which translates most directly to "fetter" as in chain down and prevent... you need to want to slow down traffic for its own sake.



xenon13
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02 Jun 2014, 11:34 pm

Marybird wrote:
I'm not very precise with language but I think it means something like during road repairs or construction.
Mostly It means you will need a really good and expensive lawyer to interpret this legal babble if you wish to avoid prosecution in a court of law.


This is funny; there was a constitutional challenge of this provision and based on the interpretation the municipal court judge delivered, all road repairs are illegal in the province of Quebec and the fine by the way is $500, $3,000 for the leader of the action... that was not his... intention... but this is what his interpretation means...



eggheadjr
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03 Jun 2014, 1:27 pm

You actually expect the laws of Quebec to make sense - that's a tall order.

(PS - look under my avatar and see where I live :D I hate driving in Gatineau)


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