In this video we see what appears to be Whistler Blackcomb safety patrollers physically detaining a snowboard from a member of the public. It is unclear why the snowboard is being physically detained by the safety patrollers but the YouTube description states “Whistler Blackcomb Mountain Safety workers taking their jobs way too seriously.”
thewhistlernews.com questions the legal right of the Whistler Blackcomb safety patrollers to use physical force to detain a skier or snowboarder’s equipment.
“This incident raises serious concerns about how much physical force the Whistler Blackcomb staff are allowed to use and how lawful the amount of force being used in the video dated May 5, 2013 is. None of the Whistler Blackcomb staff are active peace officers because they are not on duty by the RCMP and are employees of the resort. There are a variety of opinions about the legality this incident displayed in the YouTube video dated May 5, 2013 and why the snowboard is being physically detained. In the video the people who appear to be Whistler Blackcomb staff appear to be physically restraining the snowboard and not allowing the member of the public to leave with it. The return of the snowboard equipment appears to be denied towards the end of the video that ends before the incident finishes.”
The Criminal Code of Canada states the following about Forcible Detainer. laws-lois.justice.gc.ca
“Forcible Entry and Detainer ….
…. (2) A person commits forcible detainer when, being in actual possession of real property without colour of right, he detains it in a manner that is likely to cause a breach of the peace or reasonable apprehension of a breach of the peace, against a person who is entitled by law to possession of it.
Questions of law
(3) The questions whether a person is in actual and peaceable possession or is in actual possession without colour of right are questions of law.
Punishment
73. Every person who commits forcible entry or forcible detainer is guilty of
(a) an offence punishable on summary conviction; or
(b) an indictable offence and liable to imprisonment for a term not exceeding two years.” Criminal Code Of Canada – May 8, 2014
The Criminal Code Of Canada notes the following about Theft.
“Theft
322. (1) Every one commits theft who fraudulently and without colour of right takes, or fraudulently and without colour of right converts to his use or to the use of another person, anything, whether animate or inanimate, with intent
(a) to deprive, temporarily or absolutely, the owner of it, or a person who has a special property or interest in it, of the thing or of his property or interest in it;
(b) to pledge it or deposit it as security;
(c) to part with it under a condition with respect to its return that the person who parts with it may be unable to perform; or
(d) to deal with it in such a manner that it cannot be restored in the condition in which it was at the time it was taken or converted.
Time when theft completed
(2) A person commits theft when, with intent to steal anything, he moves it or causes it to move or to be moved, or begins to cause it to become movable.
Secrecy
(3) A taking or conversion of anything may be fraudulent notwithstanding that it is effected without secrecy or attempt at concealment.
Purpose of taking
(4) For the purposes of this Act, the question whether anything that is converted is taken for the purpose of conversion, or whether it is, at the time it is converted, in the lawful possession of the person who converts it is not material.
Wild living creature
(5) For the purposes of this section, a person who has a wild living creature in captivity shall be deemed to have a special property or interest in it while it is in captivity and after it has escaped from captivity.” Criminal Code Of Canada – May 8, 2014
There have been concerns in the past from the public regarding how the Whistler Blackcomb safety patrollers engage the public. Incidents between the safety patrollers and ski or snowboarders can be viewed at times on the slopes. Many of the patrollers are very polite but some of them at times can be very vocal when engaging in enforcement upon visitors to the resort.
During 2013 Whistler Blackcomb resort installed new Family Certified signage in specific areas of the resort.
