Monday, 11 November 2019

Retroactive Laws Made for One Guy!

So, the UCP are introducing a bill barring trespassers from suing landowners *retroactively*. First of all, retroactive laws tend to be suspect. Secondly, there is ONE GUY that this law was created for. ONE GUY.
In February, 2018, Ryan Watson trespassed on Eddie Maurice's land. Maurice shot twice and Watson was struck by a bullet. Watson was charged with trespassing, mischief and theft. All charges against Maurice were dropped.
The whole thing is, frankly, bizarre. Shooting people should be illegal. There should be some consequence to firing a weapon where it could, potentially, injure or kill a person. I don't care if the person in question is rummaging through your vehicle.  
This brings to mind the 2016 case in Saskatchewan of Colten Boushie, shot and killed by landowner Gerald Stanley. Stanley was acquitted. The case raised the spectre of deep racism on the prairies. But it also shows a tendency to ascribe more rights to landowners  over those with less economic security. It's frankly shocking to think that people who possess property can now shoot others in order to protect their stuff. That says that some people's stuff is worth more than other people's lives.  
Finally, a word about ex post facto law... To criminalize or prohibit something after the fact is very probably unconstitutional. The exception would be amnesty laws, such as that which expunged the records of men charged with homosexuality prior to 1988. 
This new UCP law would be unlikely to withstand a constitutional challenge. It would be like if the CPC won federally and passed a law making cannabis illegal again, retroactive to Oct 17, 2018, then began having anyone who had purchased weed while it was legal arrested.  

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