Canadian Law protecting YOU from "Criminal Harassment" by elders

by kwintestal 14 Replies latest jw friends

  • kwintestal
    kwintestal


    Well, protecting YOU, if you happen to be Canadian and in Canada.

    So, you want to be left alone by the elders and other agents of the Watch Tower Society? Read this!

    On August 1, 1993 the Canadian Criminal Code was ammended to add section 264, dealing with "Criminal Harassment". This law states:

    Criminal harassment

    264. (1) No person shall, without lawful authority and knowing that another person is harassed or recklessly as to whether the other person is harassed, engage in conduct referred to in subsection (2) that causes that other person reasonably, in all the circumstances, to fear for their safety or the safety of anyone known to them.

    Prohibited conduct

    (2) The conduct mentioned in subsection (1) consists of

    (a) repeatedly following from place to place the other person or anyone known to them;

    (b) repeatedly communicating with, either directly or indirectly, the other person or anyone known to them;

    (c) besetting or watching the dwelling-house, or place where the other person, or anyone known to them, resides, works, carries on business or happens to be; or

    (d) engaging in threatening conduct directed at the other person or any member of their family.

    Punishment

    (3) Every person who contravenes this section is guilty of

    (a) an indictable offence and is liable to imprisonment for a term not exceeding ten years; or

    (b) an offence punishable on summary conviction.

    To take the important parts and put them in other words, if you tell someone they are harassing you, such as an elder, and this person continues to carry on this action, it is illegal. If you are contaced by telephone or email or if the elders ask someone to call you or contact you after you tell them to leave you alone, THAT IS CRIMINAL HARASSMENT. If the elders do one of their old fashioned "stake-out" type operations to "catch" you in "wrong-doing", THAT IS CRIMINAL HARASSMENT. If the elders threaten to disfellowship you and threaten to force your family and friends to shun you and aviod you, not only is that defamation of character, but IT IS ALSO CRIMINAL HARASSMENT.

    Why is this important to take action? This is from the handbook for police:

    1.4 Impact of Criminal Harassment on the Victim

    The cumulative effect of harassing behaviour and actions causes victims to experience intimidation, as well as psychological and emotional distress. The psychological effect of stalking on victims can produce an intense and prolonged fear. This fear usually includes an increasing fear of the escalation of the frequency and nature of the conduct (for example, from non-violent to life-threatening) and is accompanied by a feeling of loss of control over the victim’s life.

    Does this apply to you? I don't know, however if you want to be left alone, make sure the Presiding Overseer in your congregation knows about this law and that you do not desire to be harassed by them any longer.

    Kwin

    Online, the act can be found here: Criminal Code PART VIII OFFENCES AGAINST THE PERSON AND REPUTATION


    and the "manual" is here: Criminal Harassment: A HANDBOOK FOR POLICE AND CROWN PROSECUTORS

  • ButtLight
    ButtLight

    There ya go JH, when hermann calls you again, or knocks on the door, you know what to do!

  • kwintestal
    kwintestal

    Here's the part that got cut off:

    264. (1) No person shall, without lawful authority and knowing that another person is harassed or recklessly as to whether the other person is harassed, engage in conduct referred to in subsection (2) that causes that other person reasonably, in all the circumstances, to fear for their safety or the safety of anyone known to them.

    (2) The conduct mentioned in subsection (1) consists of

    (a) repeatedly following from place to place the other person or anyone known to them;

    (b) repeatedly communicating with, either directly or indirectly, the other person or anyone known to them;

    (c) besetting or watching the dwelling-house, or place where the other person, or anyone known to them, resides, works, carries on business or happens to be; or

    (d) engaging in threatening conduct directed at the other person or any member of their family.

    Kwin

  • JH
    JH

    HA HA Hermann !!!!

    Bye bye

  • JH
    JH
    There ya go JH, when hermann calls you again, or knocks on the door, you know what to do!

    Rat doing the happy dance. But they might send another fat one at my door

  • damselfly
    damselfly

    Filed under "Things I wish I knew back then"

    Hope this helps somone else.

    Dams

  • Finally-Free
    Finally-Free

    Maybe we should mail copies of this to all the kingdom halls and jws we know.

    W

  • kwintestal
    kwintestal
    Rat doing the happy dance. But they might send another fat one at my door

    JH, if they are bugging you adress the letter to the PO, CC it to the other BOE members and make it applicable to them as well. Just as long as they think they may be harassing you and you tell them to stop, it is illegal. They also cannot contact you indirectly, for example they cannot ask Joe Publisher to ask you something for them once you've told them they are harassing you. That is also a protection provided by the Code.

    Maybe we should mail copies of this to all the kingdom halls and jws we know.

    You could, but in reality someone in a cong. on the other side of town isn't going to be repeatedly contacting you to find out why you haven't been to the meetings. An elder, specifically your bookstudy overseer or the presiding overseer, will do that, and if you tell them to stop harassing you and tell them about this law and the fact they could face up to 10 years in prison for continuing the action. You may get the occasional call or visit from someone, however that is not harassment unless you tell them not to contact you.

    Kwin

  • Lady Lee
    Lady Lee

    I would suggest you send them a letter regarding harrassment and send it REGISTERED MAIL and that you get a receipt once it has been delivered. That way you will have proof that it was received so if the harrassment continues it will be taken more seriously.

  • DannyHaszard
    DannyHaszard

    The WT legal pulls their subterfuges in higher court.It's a whole different world in a criminal Jury trial if their the accused. Start by documenting everything that goes down like i do. Read what we can do in the USA NO TRESPASSING SIGNS
    Watch new special about stalkers 2/19/05 ----------- Watchtower Whistleblower: Danny Haszard Bangor Maine Jehovah's Witnesses are the 'perfect storm' of deception-in a word they are the cult of Innuendo

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