SUBJECT: PUBLIC DISTURBANCE
PURPOSE: This briefing note
is a recommendation for changes in policy pertaining to public nuisance.ISSUE: There is not enough restriction on freedom of expression that is especially vulgar.
Background:
The Canadian constitution grants people freedom of expression as a fundamental freedom in Section 2. Section 15 guarantees equality rights. Specifically mentioned are racial equality, sexual equality, mental disability, and physical disability. This section has been in force since 1985. The Criminal Code of Canada defines public disturbance in Section 175. This offense is defined as everyone who is in a public place that is fighting, screaming, using obscene language etc., being drunk, impeding others can be charged. Furthermore, those that exhibit indecency, loiters or disturbs peace and quiet of those in a dwelling can also be charged of this offense. In order to be charged of this offense the prosecution must find without a reasonable doubt that a number of elements are present including identity, jurisdiction, time and date, the commission, the act that causes disturbance and that it is in a public place. With all this in mind, it becomes clear that government regulation and enforcing of such legislation is not enough. For example, in May 2020, a man wore a KKK mask to shop at a grocery store. Another example includes those in pride parades who act vulgar and dress in very revealing outfits. The victims here are the children as their minds are very impressionable. The actions of those causing these disturbances cause children a significant amount of psychological trauma which may perhaps reveal themselves through troubled childhoods. The government must act to reduce public indecency for the sake of the future of children. We as a society can no longer allow these people to cause such indecency. Their actions have direct repercussions to our children. We must protect our children at any cost. What is concerning here as well is the fact that when people go to protest, they do so with such indecency as to disturb the peace. There is rational protesting and there is just plain rioting. The police must establish rules for which these protests can be executed.
Considerations:
Protesting has the ability to display consensus. Without protesting we would most likely be living in a repressive regime. It is thanks to those that protest, that we have the society we do today. Through collective action those in power can see how people really feel. However, police brutality is a rising concern of many people. We should first explore some stats and then we will determine the cause of such acts. In 2012 there were 5601 complaints about police wrong doing in New York City. Police brutality is a main issue in race relations. It is said that blacks and hispanics are targeted more often than whites. It is because these people grew up in environments which are marginalized thus causing them to act in manners that are contusive to that. These mannerisms are all caused by having a lack of something, especially wealth. This causes people to rebel against society and protest. These protest cause people to be alarmed and intimidated which is why governments deploy increasingly aggressive tactics to quell these protests. Protest start of with a gathering of people. Each gathering has a variety and this variety is exhibited as diversity. Through this diversity, people are free to express themselves as per the Constitution. However, it is those that take it radically that cause the authorities to be aggressive. For example, those that cause unruly behavior or are indecent. This is the problem that the government must see. It is these people that are the main cause of the police brutality that has been widely publicized. The government must act to enforce public disturbance laws even if its just a single person on some random street that is perhaps dress provocatively. This is not only a disservice to the children but also those that are part of the perimeter of that person. These types of indecency attract other people who would like to challenge authority which then causes people to gather and essentially riot. Enforcing peaceful protest is a fundamental characteristic of modern democracy. Civility is the reason why we in the west have strived above other nations.
Options:
Option 1: Enforce stricter public conduct monitoring.
This is a very feasible option however; it would mean more aggressive monitoring of the public. Police need to be more attuned about what it is they see on our streets. Meaning if for example there is an argument or even if someone is dressed provocatively, they would have to come and charge that person. The complication here is the Constitution where it grants freedom of expression. The government must find a happy medium between what is acceptable and not. In sociology social constructs tell us how to act and what to say. This is the place where the government can research as to how they will implement stricter public conduct monitoring. Public acceptability will be very low for this option as once again the government is removing peoples freedoms however, it is for the sake of future generations and the children. The minds of children are very susceptible to psychological trauma, we must ensure that we provide an environment which supports their development. This option reduces equality as the treatment of people will vary for each person, for example, those radicals may need to adjust their conduct to fall in line with this policy. Through this option, protest will become safer and more peaceful. People will be more civil with their actions which supports the proponents of democracy.
Option 2: Education on public conduct.
This option is not very feasible as it would be expensive to educate and socialize people. Advertisement campaigns could cause increases in budget expenses. Although public acceptability for this option may be moderate, there is always the matter of them contemplating their rights which could cause more protests. What is important here is that protesting is peaceful so as to support civility. This option is very sustainable as people will be able to rationalize their conduct. Through education, it is likely that people will be more mindful which would then allow for a safer community.
Option 3: Status quo.
This option is the most feasible however, it does a disservice to the children. Those that are permitted to continue to be provocative and vulgar can have serious implications fo the development of peoples kids. Therefore, it is important that the government be aware of this before selecting this option. This option removes equality because children are being negatively impacted by these radicals. There must be someone to protect the interests of the children. On another note, police brutality will remain unaltered if we persist with doing nothing. Although it is not a large issue here in Canada, as when compared to the USA, it is still important to factor this in. Public acceptability for this option is expected to be very high as no fundamental changes will occur.
Recommendation:
Option one is recommended.
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