War vet impersonator released

[George Wallace]

We'll have to sent Tess over to that Legion that has all the guys sitting around the table wearing mixed Desert Cam.......you know the one.......the one that has all the U-Haul trucks parked out front, with Alberta plates.  >

 

[K225]

On the legal issue how does this affect reinactors. Personally I am uncomfortable with people who dress up in military uniforms when they didn't serve. The reason being I once talked with a vet who mentioned it brought back many memories he wished he could forget.
I think that Canadian Public attitudes towards the military has vastly improved thanks to the actions of our boys and girls in Afghanistan. and the support our current government is giving Canada's military.
By the way I totally agree this guys a jerk!

 

[gaspasser]

Reinactors/actors are okay becuase they are depicting a time frame for prosperity/nostalgia.  If the poor guy's gear's don't all mesh, then the authorities should place him in proper care.  He  may be a homeless/forgotten person who must rely on the good graces of the populace to survive.  In which he has my condolences and partial pity. ^-^



IF he is doing it for kicks and a free lunch...kneel, face the ditch! 

 

[Remius]

Well I think by and large re-enactors are not representing themselves as actual members of the military.  Actors, theatre groups, museums etc etc are portraying soldiers in either an artistic way or for historical purposes.  Hell, some people just want to make a fashion statement.  Dressing up as a soldier isn't illegal, claiming you are one when you aren't is.

 

[JSR OP]

"The man is driving a U-Haul van with Alberta licence plates."

Back to the article... I hope you all don't mind.

I was under the understanding that all U-Haul vans had Arizona licence plates.  Something about fleet insurance....  Or is that only in Ontario?

Is this an old Ex-U-Haul van we are talking here with the letters blacked out?


Just a thought..

 

[gaspasser]

Hmm, I saw a U-Haul van yesterday, most of it's advertising paint was painted over and it had Ontario plates.  Maybe U-Haul is starting ot get rid of it's crap trucks.  But who would buy one???

 

[Haggis]

Dressing up as a soldier isn't illegal

Beg to differ.  It is. 

As posted earlier, from the Criminal Code (emphasis added):

Unlawful use of military uniforms or certificates

419. Every one who without lawful authority, the proof of which lies on him,

(a) wears a uniform of the Canadian Forces or any other naval, army or air force or a uniform that is so similar to the uniform of any of those forces that it is likely to be mistaken therefor,

(b) wears a distinctive mark relating to wounds received or service performed in war, or a military medal, ribbon, badge, chevron or any decoration or order that is awarded for war services, or any imitation thereof, or any mark or device or thing that is likely to be mistaken for any such mark, medal, ribbon, badge, chevron, decoration or order,

(c) has in his possession a certificate of discharge, certificate of release, statement of service or identity card from the Canadian Forces or any other naval, army or air force that has not been issued to and does not belong to him, or

(d) has in his possession a commission or warrant or a certificate of discharge, certificate of release, statement of service or identity card, issued to an officer or a person in or who has been in the Canadian Forces or any other naval, army or air force, that contains any alteration that is not verified by the initials of the officer who issued it, or by the initials of an officer thereto lawfully authorized,

is guilty of an offence punishable on summary conviction.

R.S., c. C-34, s. 377.

 

[Trogdor]

It's about time too; impersonating a member of the CF is a federal offense I believe.

While I agree that he should face some kind of penalty I am unsure as to if it is an offence to impersonate a CF member.

It is a Criminal Offence to impersonate a peace officer.  Peace officers can be Police, Customs or Correctional Officers, a mayor, and a few other positions of authority in Canada.  The definition does include Canadian Forces officers and non-commisioned officers, however, it only includes those who are "(i) appointed for the purposes of section 156 of the National Defence Act, or (ii)employed on duties that the Governor in Council, in regulations made under the National Defence Act for the purposes of this paragraph, has prescribed to be of such a kind as to necessitate that the officers and non-commissioned members performing them have the powers of peace officers;"

Seeing as Section 156 of the NDA refers to those members of the CF who are appointed as Military Police I believe it may only be a criminal offence to impersonate a MP or someone else who falls under the definition of peace officer.  There may be other members of the CF who are given the powers of a peace officer that I am unaware of.

However, as I said I am unsure as to the total rule on this.  If anyone knows of any other info I have missed please feel free to bring it to my attention.

Of course the guy seems to have procured funds and food fraudulently, which is an offence by itself.

Hopefully the police and legion follow through and see this guy pays for this.

 

[HollywoodHitman]

Wolfe,

Read the above posts......Impersonation of a soldier is an offence.

 

[George Wallace]

While I agree that he should face some kind of penalty I am unsure as to if it is an offence to impersonate a CF member.

It is a Criminal Offence to impersonate a peace officer.  Peace officers can be Police, Customs or Correctional Officers, a mayor, and a few other positions of authority in Canada.  The definition does include Canadian Forces officers and non-commisioned officers, however, it only includes those who are "(i) appointed for the purposes of section 156 of the National Defence Act, or (ii)employed on duties that the Governor in Council, in regulations made under the National Defence Act for the purposes of this paragraph, has prescribed to be of such a kind as to necessitate that the officers and non-commissioned members performing them have the powers of peace officers;"

Seeing as Section 156 of the NDA refers to those members of the CF who are appointed as Military Police I believe it may only be a criminal offence to impersonate a MP or someone else who falls under the definition of peace officer.  There may be other members of the CF who are given the powers of a peace officer that I am unaware of.

However, as I said I am unsure as to the total rule on this.  If anyone knows of any other info I have missed please feel free to bring it to my attention.

Of course the guy seems to have procured funds and food fraudulently, which is an offence by itself.

Hopefully the police and legion follow through and see this guy pays for this.

Are you Frackin Blind?

Perhaps you should read the post before yours and a few others on the topic.  It is "Illegal".  It is in the Criminal Code of Canada.

:

 

[Centurian1985]

While I agree that he should face some kind of penalty I am unsure as to if it is an offence to impersonate a CF member.

It is a Criminal Offence to impersonate a peace officer.  Peace officers can be Police, Customs or Correctional Officers, a mayor, and a few other positions of authority in Canada.  The definition does include Canadian Forces officers and non-commisioned officers, however, it only includes those who are "(i) appointed for the purposes of section 156 of the National Defence Act, or (ii)employed on duties that the Governor in Council, in regulations made under the National Defence Act for the purposes of this paragraph, has prescribed to be of such a kind as to necessitate that the officers and non-commissioned members performing them have the powers of peace officers;"

Seeing as Section 156 of the NDA refers to those members of the CF who are appointed as Military Police I believe it may only be a criminal offence to impersonate a MP or someone else who falls under the definition of peace officer.  There may be other members of the CF who are given the powers of a peace officer that I am unaware of.

However, as I said I am unsure as to the total rule on this.  If anyone knows of any other info I have missed please feel free to bring it to my attention.

Of course the guy seems to have procured funds and food fraudulently, which is an offence by itself.

Hopefully the police and legion follow through and see this guy pays for this.

This is exactly part of the problem I mentioned. 

Why should it not be an offence to pretend to be a CF member?  Are CF members not worthy of the same protection as police officers, postal workers and other government employees?  Should a REME be considered of less consequence than a volunteer RCMP auxiliary police officer?  Is a supply NCO to be considered less worthy than a parking meter checker? 

I think not!

 

[Franko]

Seems to me that I remember a few dirtbags during the ice storm in Cornwall got caught for impersonating CF members.

They were going around and picking up generators from homes...commandeering them by waving some papers and such.

One was dressed as a Col...the other 3 were Ptes.

They were busted by one leery fella....because he "Figured that a Col wouldn't pick up a Generator by himself when there were 3 Ptes standing right there."

IIRC they were also charged with impersonation of CF personnel.

Regards

 

[proudnurse]

If he really wanted to become a Legion Member, maybe he could have done the right thing and just volunteered they are always looking for people to become involved to help out with different things. I know that my Dad and his Sisters are both members because my grandparents are both WW2 Veterans. I have been to several functions there with them over the years and many times it has turned out to be a great family get together ie: Mothers Day brunch, etc. My Aunt is a volunteer also and she does alot of fuctions with the ladies aux. Mostly because my Grandma has a difficult time getting out so my Aunt is there to do the stuff she can no longer do and it makes her proud/and also basically because she enjoys it.

As for wearing a Uniform and pretending, what a way to set yourself up to look like a.....well never mind.

Rebecca

 

[George Wallace]

I think you missed the story.  He wasn't trying to become a member of the Legion.  He was scamming the Legion members of drinks, money and a place to stay.

 

[Haggis]

Seems to me that I remember a few dirtbags during the ice storm in Cornwall got caught for impersonating CF members.
IIRC they were also charged with impersonation of CF personnel.

They were charged with Personation because they held themselves out to be someone they were not for personal gain.

403. Every one who fraudulently personates any person, living or dead,

(a) with intent to gain advantage for himself or another person,

(b) with intent to obtain any property or an interest in any property, or

(c) with intent to cause disadvantage to the person whom he personates or another person,

is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years or an offence punishable on summary conviction.

Not sure if they were also charged under s. 419, but I seem to remember that they were.

 

[traumawolf]

Another charge:

Fraud

380. (1) Every one who, by deceit, falsehood or other fraudulent means, whether or not it is a false pretence within the meaning of this Act, defrauds the public or any person, whether ascertained or not, of any property, money or valuable security or any service,

(a) is guilty of an indictable offence and liable to a term of imprisonment not exceeding fourteen years, where the subject-matter of the offence is a testamentary instrument or the value of the subject-matter of the offence exceeds five thousand dollars; or

(b) is guilty

(i) of an indictable offence and is liable to imprisonment for a term not exceeding two years, or

(ii) of an offence punishable on summary conviction,

where the value of the subject-matter of the offence does not exceed five thousand dollars.

http://lois.justice.gc.ca/en/showdoc/cs/C-46/bo-ga:l_X-gb:s_380//en#anchorbo-ga:l_X-gb:s_380

Also looked at 364, Fraudulently obtaining food, beverage or accommodation, but it is an offence against the place of business, and since the food was all paid for, it doesn't apply.

 

[NL_engineer]

Seeing that a few members haven't seen it, and are trying to state that it is not an offence to dress up as a member of the CF:

Read the below quote

Unlawful use of military uniforms or certificates

419. Every one who without lawful authority, the proof of which lies on him,

(a) wears a uniform of the Canadian Forces or any other naval, army or air force or a uniform that is so similar to the uniform of any of those forces that it is likely to be mistaken therefor,

(b) wears a distinctive mark relating to wounds received or service performed in war, or a military medal, ribbon, badge, chevron or any decoration or order that is awarded for war services, or any imitation thereof, or any mark or device or thing that is likely to be mistaken for any such mark, medal, ribbon, badge, chevron, decoration or order,

(c) has in his possession a certificate of discharge, certificate of release, statement of service or identity card from the Canadian Forces or any other naval, army or air force that has not been issued to and does not belong to him, or

(d) has in his possession a commission or warrant or a certificate of discharge, certificate of release, statement of service or identity card, issued to an officer or a person in or who has been in the Canadian Forces or any other naval, army or air force, that contains any alteration that is not verified by the initials of the officer who issued it, or by the initials of an officer thereto lawfully authorized,

is guilty of an offence punishable on summary conviction.

R.S., c. C-34, s. 377.

Edited to fix underline

 

[Trogdor]

Ahh I see it now.  Very good, it only makes sense for this to be an offence under the Criminal Code.

 

[MPSHIELD]

It depends on the evidence against him. My information given to me was that he wa impersonating an officer. So depending on the interpretaion of it, he could also be charged with  CCC 130 as well.

The reason being is given that

Personating peace officer
130. Every one 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,
is guilty of an offence punishable on summary conviction.

The interpretation of Public officer as seen in CCC is that

"public officer"
«fonctionnaire public »
"public officer" includes
(a) an officer of customs or excise,
(b) an officer of the Canadian Forces,
(c) an officer of the Royal Canadian Mounted Police, and
(d) any officer while the officer is engaged in enforcing the laws of Canada relating to revenue, customs, excise, trade or navigation;

My understanding into this situation is that he was claiming at least at one point to be a Capt.

Just a thought

 

[Centurian1985]

Seems to me that I remember a few dirtbags during the ice storm in Cornwall got caught for impersonating CF members.  They were going around and picking up generators from homes...commandeering them by waving some papers and such.  One was dressed as a Col...the other 3 were Ptes.  They were busted by one leery fella....because he "Figured that a Col wouldn't pick up a Generator by himself when there were 3 Ptes standing right there."  IIRC they were also charged with impersonation of CF personnel.  Regards

Minor diversion - I have been informed that generators are the number one prefered item of theft by low-level criminals due to their portability and ease of disposal.  Supposedly gives them the most bucks or least effort.  Especially if the area has any sort of adverse weather conditions.  Any contradicting evidence out there?