Bylaw officers can arrest

Re. Troy Gangl’s letter Bylaw officers can’t arrest (Castanet, Jan. 19)

To begin, there appears to be confusion as it relates to bylaw officers and their status as peace officers in British Columbia.

The Criminal Code of Canada includes the following as a peace officer: "...other person employed for the preservation and maintenance of the public peace or for the service or execution of civil process…"

The courts have ruled on numerous occasions that bylaw officers are peace officers in the course of their duties (R. V. Turko), as well as have the authority to detain and arrest (Woodward v. Capital Regional District). Further, an individual who assaults a bylaw officer can be charged under the Criminal Code with assaulting a peace officer (R v. Jozef Baksay). These decisions can be found at www.bylawbc.ca.

Many bylaw officers have significant training as it relates to detainment and arrest, even more than loss prevention and security officers, as a result of previous policing and other law enforcement careers, as well as training from their local governments.

While bylaw officers may have the authority to detain and arrest, many local governments do not (want) their bylaw officers doing so for various reasons, including liability, risk, public perception, and specific assigned job duties that are regulatory inspection in nature.

Up until 1997, the Police Act allowed local governments to employ “enforcement officers" to enforce bylaws and select provincial enactments. Since then, local governments have attempted to fill the public safety gap between bylaw officers and police with Community Safety Officer programs.

While some local governments in B.C. employ community safety officers, they operate under the same inadequate legislation as bylaw officers to address the public safety matters they are tasked with.

Alberta and other provinces have tiered policing models, in which local government law enforcement personnel (i.e. bylaw officers) can enforce provincial legislation (i.e. Motor Vehicle Act, Trespass Act and sections of the Criminal Code).

In those provinces, the provincial government has enacted legislation that allows local governments to employ special constables or those with special constable powers, whom can also act as bylaw officers. Special constable appointment is also accompanied with standardized minimum mandatory training.

One of the recommendations the Special Committee on Reforming the Police Act made included adopting a dynamic and flexible approach to policing that provides for different categories of policing and public safety personnel who have clearly defined roles, responsibilities, and functions such as responding to non-violent incidents and other situations that may not require uniformed police.

A tiered policing model will enhance community safety by providing alternative public safety service deliveries that will address efficiency, effectiveness and costs, allow police to focus on serious crime, all while enhancing livability and the quality of life of British Columbians.

Steffan Zamzow, vice-president, Licence Inspectors and Bylaw Officers Assoiation of B.C.