#alexson asks
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Drabble: Bases and Ball
Hithfaeril pulled her ebony ponytail through the small hole at the back of her hat, fitting it upon her head as she turned to her son, offering him a smile. Over time, the human expressions had become easier for her face to make, she found value in the ability that expressions had to silently convey emotional speech with the other species. “There, I now appear as though I am a regular coach of Bases and Ball.”
Alexson winced, preparing for the embarrassment that he was going to endure throughout the tournament weekend. “It’s Baseball, Mom.” He said beneath his breath as he chucked his glove inside his bag. Alexson was fifteen and if that stage of life wasn’t difficult enough, he stood out from the majority Human/Tymalian population of Bellatrix Prima. His skin was not as dark as his mother’s, but instead was a blusish-goldish-greyish shade, a mixture that was a point of interest for his insensitive classmates. Alexson had his father’s eyes and hair, and was glad to look human on that front; although he had to be careful not to blink his second eyelid. Baseball was a good sport, it was a morning sport with no risk of moon-light highlighting his other unpleasant Nyctcimmerian features.
Baseball was a good sport, before his mother became his coach.
“Baseball, thank you for your correction I--”
“I’ve been playing for 5 years, you know every calculation and formula but you can’t even remember the simplest word.” Alexson said in a burst of frustration as he watched his mother pack her own bag.
“There are so many athletics that I-”
“Sports. Mom, they are called sports. Normal people call them sports, Aliens call them athletics.”
Hithfaeril didn’t have a reply for her son. This behavior was not out of the norm for Alexson. According to her research, moodiness was a normal stage of human development, epsecially in the teen years. Yet just because it was normal did not mean it hurt her any less. “Ah, yes. Hmm.” She looked around the room as she thought of an excuse. “I will just, then, bring the cooler and the sports-bags to the vehicle.”
Alexson's heart sunk in his chest as he watched his mother leave. He wanted to apologize, but she was already out the door.
~
“Hithfaeril, are you sure that your can handle being out there in the sun?" Ashan brushed the back of his finger over her cheek endearingly. "You burn so quickly."
Hithfaeril gently pressed her cheek into the touch. "I will manage. I have sunscreen on, this hat, and sunglasses." Speaking of which, she put her dark glasses on. "... I think, perhaps you should coach this weekend instead."
"What? You have been looking forward to this moment ever since Alexson first joined. I'm not going to take this away from you."
"Perhaps it would be for the better."
Hithfaeril turned back to the house but Ashan was prepared. His wife's behavior was systematic, predictable. He grabbed her waist and pulled her back into him, playfully pinning her against the side of the car. "There is something that you are not telling me."
Hithfaeril tried to shrug away from the gentle airflow of his breathing apparatus, it tickled her neck. "Really, it is nothing of interest."
"Don't make me take my mask off..."
Hithfaeril remained in her stubborn silence until Ashan lifted his hand. Just the thought of lips and stubble brushing against her neck was too much for her to handle. She gave in, pressing herself flat against the car to get away, she felt his hand return to her hip as he pinned her more firmly. "I am concerned that I am meddling too much, that I will embarrass Alexson in front of his companions. There are still things that I get incorrect, I do not wish to make existence any more difficult for him."
Ashan was disappointed that his wife didn't put up much resistance. He loved to watch her endearing alien laugh, the way her shoulders raised as she shied away from his kisses. He recalled the time he discovered how particularly ticklish her neck was, he didn't realize the noise she was making was laughter, he had never heard a Nyctcimmerian laugh before. "You'll be fine." He reassured, letting her turn and face him in his arms. "Don't over think it, be yourself." Removing his mask he placed a reassuring kiss upon her lips. "You know... I enjoy this baseball look on you..." He kissed her again, his hands toying with the waistband of her leggings. "I want to have you in this later... Pull the leggings down just far enough..."
Hithfaeril gave Ashan a stern look.
"Let it be noted that you never said no!" He grinned, placing one last kiss on her hair before walking away with his mask in place. "I'll bring the last of the gear out, you wait in the car."
~
The sun raced to the peak of dawn, slowing down to prepare for its crawl across the sky. The morning air was filled with the scent of freshly mowed grass, grass that was being pulled down by the weight of fresh dew drops. Refreshing was the first word that came to Hithfaeril’s mind, the air of Bellatrix Prima was clear and light when she compared it to the memories of the thick atmosphere of her home planet. “It will be a pleasant day for sports.” Hithfaeril exited the car glancing over to Alexson. He was busy on his phone.
“Hey! Other Silvaks!”
Hithfaeril looked to where the voice came from, she couldn’t make out anything but vague blurred colours, fortunately she recognized Thea’s voice. “You are all remarkably on time today.”
Thea laughed, helping lift her smaller daughters down the steps of their van. “That’s because we knew that Auntie Hithfaeril was coaching today, we didn’t want to get on her bad side. Right girls?”
“Right!” The daughters exclaimed, rushing over to greet Hithfaeril, Ashan, and Alexson with obligatory hugs.
Enelden’s head popped up from the other side of the van. There were several bags strapped over his shoulders, he held a wrap in one hand and had a tired looking toddler in the other arm. “Morning!” He called over, closing the door with his hip, waving with his breakfast. “Ready for the big games today, Alexson?”
Alexson tucked his phone in his bag when the onslaught of his part-Rosian cousins trampled over. “Ready as I’ll ever be Uncle Enelden, it’s the last few of the season.”
Hithfaeril watched as Charlie, Enelden and Thea’s fifteen year old daughter approached. She was the only one of the daughters to play baseball. She wore her green uniform, but her glove, bat, and bag were pink. Hithfaeril raised a brow when Charlie pointed the tip of her bat in her face. "Hmm, good morning Charlie, are you prepared to have fun today?"
Charlie nodded, popping her bubble gum. “I'm ready to win this year. In case you're wondering Auntie Hithfaeril, I made sure everyone was up in time and ready and I'll do the same tomorrow.” She squinted, intensity burning in her purplish eyes. “You’re the only coach I respect.”
Hithfaeril nodded her head and watched as Charlie continued her determined walk to the field.
~
Enelden’s stomach rumbled. He was in a predicament. Eyela, in one arm, was pulling at his lip while the wrap in his other hand was moments from falling apart. Ashan came to his aid, carefully lifting Eyela from her father, coaxing her curled fist from his lip.
There was a soft spot in Ashan's heart for all of his nieces, they reminded him of his three daughters whom he didn’t see often now that they were older and tied down to the commitments of jobs and boyfriends on other planets.
Enelden gave his brother a grateful look. “Thank you, that was close.” There was a moment of silence wherein Enelden greedily ate his wrap while Ashan longingly watched the girls pick dandelions. His daughters always did the same.
“Thea is on her tenth now?" Ashan asked, looking for idle chat to clear his mind. "I don’t know how you do it, three was a handful, the thought of ten gives me anxiety.”
“Ten, yeah.” Enelden said between bites. “Number ten is our last!”
“You’ve said that from four onwards.”
Enelden laughed, looking over to his wife with a dreamy smile. “Well, that’s what I thought but it’s so difficult to say no when I look at her.”
Ashan rolled his eyes. Eyela enthusiastically hit her uncle’s breathing mask, decorating it with small hand prints. “You’ve got peanut butter on your beard, Enelden.” He left to find a spot on the bleachers.
“Wait, where? Did I get it?” Enelden patted his beard, hastily following his brother.
~
Alexson was glad that Charlie made it early enough to warm up with him. The two jogged a lap, Alexson only half-paying attention to the story she was telling him. He was more concerned with watching his mother, waiting for her to say something embarrassing, to watch the uncomfortable reactions of everyone she interacted with.
"We're going to win today." Charlie eventually said with a confident smirk.
“Hm?”
“I said we’re going to win today, I think that we will win the entire tournement.”
"How can you be so sure?"
"Because your mom is coaching! Nyctcimmerians are competitive, my mom said yours was no exception to that statement."
Alexson groaned. “I don’t care if we win, this is going to be so embarrassing.”
“What?!” Charlie swung her arm out, whacking Alexson in the gut. “If my Mom was coaching that would be embarrassing, your Mom is cool.”
“Cool? Hardly. She’s always saying things weird and acting strange, I don’t know why my Dad didn’t offer to coach instead.”
“If my Mom was coaching we would all just hug each other for the whole game. Race you around the field?” Charlie took off.
Alexson dashed, but his pace quickly tapered off when he looked back to his mother. Everything she did stood out, made her look more alien, made him look more alien. Her posture was stiff, she only ever smiled after someone else did. He wondered if anyone would notice if he sprinted away right now, quit the team, hopped planets... Alexson sighed, there were too many unknowns in a plan like that.
~
Hithfaeril observed the field from her perch by the entrance of the dugout. Her gaze was cold, calculating as she watched the other team go to their bench for the pre-game meeting. Hithfaeril turned to her own team and looked them over. She held a tablet behind her back in her clasped hands. Of course she didn’t need it, she would remember the information that came her way, she simply held it to fit the role.
“What’s the strategy coach Silvak?”
“The strategy?” Hithfaeril was thinking of twenty. “We go out and participate as well as we have all season. We go out and exercise. But in my opinion the most important factor to achieving a memorable weekend is ensuring that we retain a high level of personal satisfaction and amusement.”
The team stared at her blankly, Alexson sunk back as far as he could on the bench.
Hithfaeril blinked. “I suppose what I intended to say is that we do our best, have fun, and work as a team.” Perhaps now was a moment when she was supposed to smile?
"What about winning?" One of the kids asked.
Hithfaeril paused. She thought of her own mother, how she had always forced Hithon and herself into competition, always pitted them against each other for parental favour. Hithfaeril had a distant memory of winning, she remembered the joy she felt when her parents cherished her, she had never felt more love from them than she did those few weeks. Yet what she recalled more vividly from that time was Hithon. The way their parents snubbed him, grounded him, berated him. Hithfaeril triumphed over her brother once in those foolish competitions, she promised herself that she never would again.
The Nyctcimmerian looked at Alexson, her expression unmoving as worry soaked into her heart. "Winning isn't necessary." Hithfaeril remembered to smile. "We play for companionship, exercise, and for the love of the game. Teamwork is a lesson more important. Now let us cheer and get upon the diamond."
~
By the end of the day the team had won two games and lost one. Dinner came and went and so did the evening.
Hithfaeril and Ashan sat before the television watching a game show, it was part of their regular routine, they enjoyed guessing before the contestants and arguing over the mathematical odds. Ashan enjoyed how it reminded him of when he first met Hithfaeril. Hithfaeril enjoyed it because she liked to watch Ashan when he was thinking. Hithfaeril was more accurate, she had the species advantage, yet ever so often she would 'forget’ a few decimal points in her equations, she liked it when he smiled in triumph.
Condensation slowly dripped down the neck of Ashan’s beer bottle, Hithfaeril watched the commercials reflect in it. “I think I will perhaps say goodnight to our son.”
“Mmhmm, yes, love you too dear...” Ashan was half asleep.
Hithfaeril went to Alexson’s room, only to freeze outside his door. He was probably asleep, after all he had a busy day. The last thing she wanted to do was disrupt his rest. She went to the living room but Ashan had fallen asleep there. She did not want to disturb either of her boys so she went to the back porch to watch the stars.
Beneath the moon’s glow her blue patterning lit up like a neon sign flickering into life. In her mind she went over the names of the stars she knew, recalling the time that she used to sail among them.
The door slid open, the wooden deck creaked under the stress of the weighted steps. Alexson sat next to his mother, he didn’t say a word.
The two sat in silence, simply watching the lights of intergalactic traffic mingle in the hazy atmosphere. Eventually Hithfaeril spoke: “Every day is a blessing...” That was far too generic, had she read that somewhere? Hm, perhaps it was on a card... She searched for the right words to say and tried again. “I remember a time when I admired these stars from the other end of the galaxy. I never concluded that I would be among them, nor did I conclude that I would get the opportunity to have an existence such as this.”
Alexson stayed quiet.
“When I discovered that I was gestating, that was... the happiest day of my life.” Hithfaeril tapped her fingers against her thumb. “Logic, calculations, reason... Those had been the elements that guided my existence, but when I saw you for the first time on the monitors I realized that everything I had once lived by would never be the same. Give me numbers, incalculable equations and I understand what I should do. Yet when I look at you, I am perplexed, unable to discern the best course of action.
“There is no logic to raising a life, no step by step processes... I want you to have every opportunity that I did not even know I could dream of, I... I want to do things correct by you, I do all I can- I... I realize I am not identical to the other parents. If you need me to step back just say so.” Hithfaeril pulled her worried gaze to her son, her heart swelled with pride when she saw his gentle patterning in the moonglow. Yet another sparkle caught her eyes, several did. There were tears streaming down his face.
“I’m sorry Mom...” Alexson collided into his mother, hugging her tightly “I’m so sorry...” he repeated.
Hithfaeril returned the embrace, burying her face into her son’s hair, holding him as close as she could. “No, no, do not apologize, you have nothing to warrant an apology.” She kissed his head, swallowing back her own sadness. “I will always forgive you.”
Alexson inhaled a shaky breath, nodding his head. “I know you’re trying your best, I need to be more patient... I love you Mom.”
“My little Starlight... I love you too.” Hithfaeril pulled back from the embrace, wiping his tears away with a caring touch. “You know, you have not come outside to watch the stars with me in years... Your patterning is the most beautiful thing I have laid my eyes on... I missed this.”
“I missed it to.” Alexson offered her a small smile, hugging his mother once more.
#drabble#lord this took so long#but it's kind of fun to write an extended thing?#i would love any feedback!#30 years later#hithfaeril
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Klaine one-shot - “Caught in the Act” (Rated PG13)
There's an amazing man in one of Kurt's classes, and Kurt just has to find out more about him. He tries to consult the man's student profile in an attempt to find some clues, but he can't remember the man's last name. Luckily, a serendipitous stranger wanders by to lend a helping hand. (1226 words)
Different first meeting, NYADA, inspired by this video.
Read on AO3.
“Jesus, Rachel! Could you take any longer calling me back?” Kurt grumbles, juggling his phone and his books as he fights his way through the crowd for a seat at an empty table with an available computer. The campus coffee shop is always busy during the school day. Students pop in to log onto the café laptops between classes and check their email more than they do to buy coffee, so Kurt usually makes it a point to never go there. The coffee tastes burnt anyway, and he prefers to use his laptop at home. But this is an emergency. He needs information, and he needs it now.
“According to my phone, I called you back literally a minute later,” Rachel says in her defense. “I just got out of class a second ago, too, you know. Cassie’s glaring at me as it is. I think she’s about to grand jete over and fan kick me in the face!”
“Bob and weave, Berry, bob and weave. This is important.”
“What is it!?” she asks. A chorus of “Hey!” and “Watch it!” accompany her question, and Kurt pictures her shoving her five-foot-three-inch self out the door. “Did you get that solo in Vocal Studies class?”
“No.” Kurt rushes a table being stared down by three other students, beating them to the punch. “Actually, yes,” he backpedals, not realizing what he’d said till now.
“Oh my God, Kurt!” Rachel gushes. “That’s wonderful!”
“Yes, it is,” Kurt agrees, pausing for a moment to properly appreciate that accomplishment. “And I’ll tell you all about that when I see you, but this is something else.”
“Something better!?”
“Let’s just say it might be on par, but in a separate category.”
“Well, don’t keep me in suspense! Tell me!”
“Alright.” Kurt logs on to the computer and pulls up his profile and schedule. “I just met the most incredible guy.”
“Ooo! Spill!”
“Okay, okay, okay,” Kurt squeals. “He’s in my Musical Theater Performance class.” Kurt scrolls through his schedule on the screen and selects that class, but the roster hasn’t been posted by his professor yet. Damn! Can’t find him that way. “He’s a year ahead of us, and God! You should see him!”
“Is he handsome?” Rachel asks. He gets the impression from the sudden calm on her end of the call that she’s either arrived at her class early or ducked into the bathroom.
“Handsome is an understatement. He’s got the most incredible eyes. When he looks at you, it’s like you’re the only person in the room …”
“Wow.”
“Yeah.” Kurt navigates the directory as he talks, trying to find his mystery man by entering his first name in correlation to that class, but no dice. “He has the most perfect mouth in existence.”
“Definitely important.”
“And his voice …” Kurt sighs. “It’s just …”
“Dreamy?”
Kurt sighs again. “I wouldn’t ever use that adjective, but yeah. He’s dreamy. He’s also funny. We got paired together to ad lib a 1930’s inspired scene. I was so nervous, but he had me laughing the entire time. He’s just so … flirty. And smart, and talented.”
“You learned all of that in one class?”
“Rachel, in the space of that one class I saw him play three instruments flawlessly and heard him hold a conversation in five separate languages. I think I can vouch for intelligence and talent.”
“What else?” Rachel asks, sounding beyond excited for her best friend. “What’s he majoring in? What dorm does he live in? Is he gay?”
“That, I don’t know,” Kurt answers, mostly addressing the “gay” question. “I’m trying to look up his student profile for clues, except … crap.” Kurt drums his fingers on the computer.
“Crap what?”
“I’m spacing on his last name. It’s Blaine something-with-an-a. And you know how touchy this system is. Blaine Alexson, Blaine Andelson …”
“It’s Anderson,” a voice behind him supplies helpfully. “A-n-d-e-r-s-o-n.”
“That’s it! Oh my goodness, thank you! Thank you so much!” Kurt types in the correction and pulls up Blaine’s student profile. “Dammit!”
“What?” the voice behind him and Rachel ask at the exact same time.
“Well, it doesn’t have anything listed – not his major, his dorm, his email address, anything. Hmm, I wonder what he’s hiding.”
“Nothing. I just like my privacy,” the voice behind him says. A chair pulls up and a man sits down.
Kurt doesn’t turn to face his guest. He doesn’t get the chance. He becomes solid stone. Without even looking, Kurt realizes who’s sitting next to him; the shade of red overwhelming his cheeks a testament to that fact.
“Uh … I’ll have to call you back, Rach.” Kurt hangs up the call and puts down his phone, cutting short a barrage of, “Why? What’s wrong? What’s happening---?”
Kurt swallows. He glances to his right. When he sees the face smiling at him, he murmurs, “Oh … God.”
“Nope,” the man sitting next to him says. “Just Blaine. Blaine Anderson.” He taps the computer screen, pointing to his photograph with his name underneath. “And you are …” Blaine types on the keyboard one-handed, bringing up Kurt’s profile with a few deft strokes, “Kurt Hummel.”
“Uh …” Kurt stutters, horrified that he’s been caught red-handed. “That’s me,” he admits lamely, feeling that’s a better response than another monosyllabic uh.
“Well, it’s nice to officially meet you, Kurt,” Blaine says. “I wanted to introduce myself to you after class, but you took off pretty quickly.” Blaine chuckles nervously, since now he knows why.
Kurt tries to laugh, too, but it comes out as another painful rendition of, “Oh, God.”
“It seems like you have your email listed in your profile,” Blaine points out, both flattered and amused by Kurt’s temporary paralysis, “but, if you’d like …” He reaches into his pocket and pulls out a business card. Oh my God! Kurt thinks. He’s got business cards? “This has my email address on it, and my phone number.” Blaine sets it on the table next to Kurt’s phone. “Maybe I can take you out for coffee some time?”
“Yeah,” Kurt says, finally managing something other than uh and oh, God. “That sounds like it would be … nice.”
Kurt nods.
Blaine nods.
Yeah, Kurt thinks. This is going downhill fast.
“Good,” Blaine says, undeterred. “I have to get to my next class, but I expect to hear from you. Soon, alright? Don’t be a stranger.”
Why? Can he act any stranger than this? Kurt’s not sure that’s possible. “I won’t,” Kurt says, eyes following Blaine as he walks into the crowd. Blaine turns at the door, gives him a wave, then disappears into the oncoming throng.
“Oh, God,” Kurt moans, returning to tried and true as he drops his head on the keyboard and smacks his forehead lightly against the keys. That couldn’t have gone worse than if he’d planned it that way. His phone rings and he answers it blindly, his eyes flicking to the business card Blaine left on the table. “Hello?”
“Kurt! Kurt, what’s wrong? You cut me off.”
“I got his phone number. He wants to take me out for coffee.”
“That’s … that’s great!” Rachel cheers.
“Yeah.” Kurt grabs the card and sticks it in his pocket for safekeeping. “Too bad I can’t call him.”
“Why not!?”
“Because I died of embarrassment about three minutes ago.”
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Public Intoxication in Manitoba: Should the IPDA Suspend Charter Rights?
Most people that I know, if not all, have stumbled home intoxicated from the bar at some point in their lives. It appears safe to say that most would see this as a “smart” choice as opposed to getting behind the wheel and breaking the law while putting people’s lives in danger. Now, we all know that it is not illegal to consume alcohol once you’re of age, right? Further, we know that it is not illegal to go for a walk while under the influence of alcohol, right? At least not under the Criminal Code it isn’t?
Section 2 of the Intoxicated Persons Detention Act (IPDA) provides that “a peace officer who finds a person who is intoxicated in a place to which the public has access, may take that person into custody.”2 Officers relying on this Act are then able to hold the intoxicated person in custody for up to 24 hours (s. 3.1).3 Since this is not your typical “arrest” the police have no obligation to inform you of your Charter rights upon detention.4 We, as Canadians, are entitled to certain protections under the Charter, including the right to be free from arbitrary detention protected by Section 9 as well as the right of life, liberty and security of the person, protected by Section 7.<5> Why then are we allowing this Act to infringe on those Charter protected rights in a way that we know would be unacceptable by officers executing their duties under the Criminal Code?6
It is well known that in the Charter-criminal law context, a lawful detention can be found to be arbitrary if the law authorizing the detention is arbitrary.7 Arbitrariness can be found if there are no criteria, express or implied, which govern its exercise.8 In circumstances where officers are making an arrest pursuant to the IPDA, they have the ultimate discretion in deciding who has reached the level of intoxication required to justify holding that person in custody.9 It appears from the Act that it can be any level of intoxication as long as the person is found in a public place.
In Reference Re Intoxicated Persons Detention Act, the Court of Appeal dealt with the issue of whether or not this piece of legislation was intra vires the legislature of Manitoba.10 In coming to the decision that it was intra vires, the Court expressed that, “one cannot gloss over the reality that, under the terms of the Act, a person who becomes intoxicated can be confined against his will in jail-like surroundings for a period of time of, and up to 24 hours. But the fact of confinement does not necessarily take this legislation into the realm of criminal law.”11 The Court then stated that the purpose of the IPDA is made clear in s. 3(1) and is to “prevent an intoxicated person from being a danger either to himself or to others.”12 So, essentially a person can be confined behind bars against his will for an entire 24 hours, but this is somehow different than circumstances in which “real criminals” are held behind bars against their will because they too pose a threat to society.
Looking back to the example of walking home after a night out, it is difficult to see how this endangers the public in any way, and if the real concern is actually for the safety of the person walking home, maybe a better use of the police officers’ time would be to go after the “real criminals” since, after all, this Act is supposed to be seen as a “protection” rather than a “penalty”. Yet, the Court of Appeal still felt the need to express that this Act is completely separate from the offence of causing a disturbance under the Criminal Code.13 If intoxication leads to public disturbance, it will then constitute an offence. Yet, even if there is no public disturbance, and therefore no criminal offence under S. 175(1)(ii) of the Criminal Code, you may still have to spend up to 24 hours behind bars.14
It is also not surprising that the police frequently, upon failing to find any reasonable grounds to formally arrest an accused under the Criminal Code, attempt to justify an arrest under the IPDA, knowing that the IPDA does not apply outside of a public place.15 For example, in the case of R v Alexson, officers received a hang-up call from 911 and attended the residence to investigate.16 The caller allowed the officers entry, and she asked them to “take him away” because the accused was drunk and angry.17 The officers wanted the accused out of the residence so they handcuffed him and placed him under arrest under the IPDA.18 On their way to the police car, the accused broke free, kicked an officer in the face and was subsequently charged with assault peace officer.19 At trial, the Crown did not dispute that the IPDA did not apply since it occurred inside a residence, yet the Crown still argued that the officers were acting within their duty by removing the accused from the residence to prevent an offence from “possibly happening”.20 The trial judge failed to find that the officers were acting lawfully in the execution of their duty at the time of the assault and acquitted the accused.21 The Queen’s Bench Court agreed with these findings and dismissed the appeal.22
Similarly, in the case of R v Anderson, the police officers were investigating a robbery investigation and attended a side-by-side house in an attempt to locate the perpetrator.23 Anderson came down the stairs intoxicated screaming profanities at one of the officers.24 The officer placed Anderson under arrest for “cause disturbance and IPDA” and did not provide her with a police caution or advise her of her Charter rights.25 While in the cell at the drunk tank, she kicked a police officer and was charged with assault peace officer.26 The trial judge stated that “not only were there no grounds for arresting Anderson for cause disturbance or detaining her under IPDA given that she was not in a public place, I find there were no grounds under the common law or the City of Winnipeg Charter for any detention”.27 He therefore found her not guilty of the offence of assault peace officer.28
What these cases represent are situations in which police officers are abusing their discretion that they have been afforded under the IPDA by attempting to use the Act as a means to justify and unjustifiable arrest and detention of an accused.29 If intoxication alone was enough to justify an arrest, it would be illegal, simple as that. The risk of abuse by police officers relying on this Act to infringe on our Charter protected rights has already been demonstrated in the case law above. This Act is simply another method of bringing uncertainty and abuse of state conduct into the realm of criminal law.
Endnotes
Public Intoxication in Manitoba: Should the IPDA Suspend Charter Rights? published first on https://divorcelawyermumbai.tumblr.com/
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Public Intoxication in Manitoba: Should the IPDA Suspend Charter Rights?
Most people that I know, if not all, have stumbled home intoxicated from the bar at some point in their lives. It appears safe to say that most would see this as a “smart” choice as opposed to getting behind the wheel and breaking the law while putting people’s lives in danger. Now, we all know that it is not illegal to consume alcohol once you’re of age, right? Further, we know that it is not illegal to go for a walk while under the influence of alcohol, right? At least not under the Criminal Code it isn’t?
Section 2 of the Intoxicated Persons Detention Act (IPDA) provides that “a peace officer who finds a person who is intoxicated in a place to which the public has access, may take that person into custody.”2 Officers relying on this Act are then able to hold the intoxicated person in custody for up to 24 hours (s. 3.1).3 Since this is not your typical “arrest” the police have no obligation to inform you of your Charter rights upon detention.4 We, as Canadians, are entitled to certain protections under the Charter, including the right to be free from arbitrary detention protected by Section 9 as well as the right of life, liberty and security of the person, protected by Section 7.<5> Why then are we allowing this Act to infringe on those Charter protected rights in a way that we know would be unacceptable by officers executing their duties under the Criminal Code?6
It is well known that in the Charter-criminal law context, a lawful detention can be found to be arbitrary if the law authorizing the detention is arbitrary.7 Arbitrariness can be found if there are no criteria, express or implied, which govern its exercise.8 In circumstances where officers are making an arrest pursuant to the IPDA, they have the ultimate discretion in deciding who has reached the level of intoxication required to justify holding that person in custody.9 It appears from the Act that it can be any level of intoxication as long as the person is found in a public place.
In Reference Re Intoxicated Persons Detention Act, the Court of Appeal dealt with the issue of whether or not this piece of legislation was intra vires the legislature of Manitoba.10 In coming to the decision that it was intra vires, the Court expressed that, “one cannot gloss over the reality that, under the terms of the Act, a person who becomes intoxicated can be confined against his will in jail-like surroundings for a period of time of, and up to 24 hours. But the fact of confinement does not necessarily take this legislation into the realm of criminal law.”11 The Court then stated that the purpose of the IPDA is made clear in s. 3(1) and is to “prevent an intoxicated person from being a danger either to himself or to others.”12 So, essentially a person can be confined behind bars against his will for an entire 24 hours, but this is somehow different than circumstances in which “real criminals” are held behind bars against their will because they too pose a threat to society.
Looking back to the example of walking home after a night out, it is difficult to see how this endangers the public in any way, and if the real concern is actually for the safety of the person walking home, maybe a better use of the police officers’ time would be to go after the “real criminals” since, after all, this Act is supposed to be seen as a “protection” rather than a “penalty”. Yet, the Court of Appeal still felt the need to express that this Act is completely separate from the offence of causing a disturbance under the Criminal Code.13 If intoxication leads to public disturbance, it will then constitute an offence. Yet, even if there is no public disturbance, and therefore no criminal offence under S. 175(1)(ii) of the Criminal Code, you may still have to spend up to 24 hours behind bars.14
It is also not surprising that the police frequently, upon failing to find any reasonable grounds to formally arrest an accused under the Criminal Code, attempt to justify an arrest under the IPDA, knowing that the IPDA does not apply outside of a public place.15 For example, in the case of R v Alexson, officers received a hang-up call from 911 and attended the residence to investigate.16 The caller allowed the officers entry, and she asked them to “take him away” because the accused was drunk and angry.17 The officers wanted the accused out of the residence so they handcuffed him and placed him under arrest under the IPDA.18 On their way to the police car, the accused broke free, kicked an officer in the face and was subsequently charged with assault peace officer.19 At trial, the Crown did not dispute that the IPDA did not apply since it occurred inside a residence, yet the Crown still argued that the officers were acting within their duty by removing the accused from the residence to prevent an offence from “possibly happening”.20 The trial judge failed to find that the officers were acting lawfully in the execution of their duty at the time of the assault and acquitted the accused.21 The Queen’s Bench Court agreed with these findings and dismissed the appeal.22
Similarly, in the case of R v Anderson, the police officers were investigating a robbery investigation and attended a side-by-side house in an attempt to locate the perpetrator.23 Anderson came down the stairs intoxicated screaming profanities at one of the officers.24 The officer placed Anderson under arrest for “cause disturbance and IPDA” and did not provide her with a police caution or advise her of her Charter rights.25 While in the cell at the drunk tank, she kicked a police officer and was charged with assault peace officer.26 The trial judge stated that “not only were there no grounds for arresting Anderson for cause disturbance or detaining her under IPDA given that she was not in a public place, I find there were no grounds under the common law or the City of Winnipeg Charter for any detention”.27 He therefore found her not guilty of the offence of assault peace officer.28
What these cases represent are situations in which police officers are abusing their discretion that they have been afforded under the IPDA by attempting to use the Act as a means to justify and unjustifiable arrest and detention of an accused.29 If intoxication alone was enough to justify an arrest, it would be illegal, simple as that. The risk of abuse by police officers relying on this Act to infringe on our Charter protected rights has already been demonstrated in the case law above. This Act is simply another method of bringing uncertainty and abuse of state conduct into the realm of criminal law.
Endnotes
Public Intoxication in Manitoba: Should the IPDA Suspend Charter Rights? published first on https://medium.com/@SanAntonioAttorney
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Alexson fails to convince on keypad voting
Alexson fails to convince on keypad voting
IPSWICH — It’s good, but not always good. It can be faster, but the other way can be faster, too.
Select board chair Linda Alexson asked last week’s meeting what members thought about encouraging town meeting Moderator Tom Murphy to use keypad voting. Murphy is not a fan of the technology.
Referring to the Oct. 17 town meeting, Alexson noted, “We have a lot of articles and we have quite a…
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Anger at continued outdoor watering on Linebrook Road
Anger at continued outdoor watering on Linebrook Road #IpswichMA #water
IPSWICH — If last night’s water subcommittee meeting was anything to go by, developers on Linebrook Road will get nowhere asking for a water-ban exemption.
“It’s a pretty nice slap in the face,” said committee member Michael Dougherty of the company’s continued use during water restrictions.
Selectperson Linda Alexson, who is not a member of the water subcommittee, described Symes…
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#Ipswich#Ipswich Water & Wastewater#Jim Engel#Kerry Mackin#Linda Alexson#Linebrook OSPD#Vicki Halmen#water
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Call to postpone water rate increase and impose water restrictions
Call to postpone water rate increase and impose water restrictions #IpswichMA #covid19
IPSWICH — Just a few short weeks and one global pandemic after the select board voted to increase water rates, one member has asked for the decision to be revisited.
Citing the severe economic fallout likely as a result of the COVID-19 crisis, Selectperson Linda Alexson said the seasonal summer water rate increase planned for May 1 would “compound people’s financial hardship.”
“This is the…
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Newslets: Raise your hands, staff changes, Pony Express update
Newslets: Raise your hands, staff changes, Pony Express update #IpswichMA
No e-voting
Asked at the last select board meeting if residents could expect electronic voting at town meeting Oct. 29, town manager Tony Marino relayed there would be none.
Moderator Tom Murphy told him he had decided against using the keypads. The expense and “light agenda” were part of Murphy’s decision, Marino said.
Saying she was disappointed, Selectperson Linda Alexson asked if all…
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Anticipating Tobin Bridge traffic blowback, select board to consider town-only parking in MBTA lot
Anticipating Tobin Bridge traffic blowback, select board to consider town-only parking in MBTA lot #IpswichMA
No Ipswich MBTA parking charge could see lot become too full too soon
IPSWICH — With a construction project set to restrict traffic on the Tobin Bridge for the next two years, Selectperson Linda Alexson has suggested the town-owned MBTA lot be reserved for Ipswich residents only.
She also asked the board to discuss the possibility of restricting on-street parking in the area in the morning…
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Public Intoxication in Manitoba: Should the IPDA Suspend Charter Rights?
Most people that I know, if not all, have stumbled home intoxicated from the bar at some point in their lives. It appears safe to say that most would see this as a “smart” choice as opposed to getting behind the wheel and breaking the law while putting people’s lives in danger. Now, we all know that it is not illegal to consume alcohol once you’re of age, right? Further, we know that it is not illegal to go for a walk while under the influence of alcohol, right? At least not under the Criminal Code it isn’t?
Section 2 of the Intoxicated Persons Detention Act (IPDA) provides that “a peace officer who finds a person who is intoxicated in a place to which the public has access, may take that person into custody.”2 Officers relying on this Act are then able to hold the intoxicated person in custody for up to 24 hours (s. 3.1).3 Since this is not your typical “arrest” the police have no obligation to inform you of your Charter rights upon detention.4 We, as Canadians, are entitled to certain protections under the Charter, including the right to be free from arbitrary detention protected by Section 9 as well as the right of life, liberty and security of the person, protected by Section 7.<5> Why then are we allowing this Act to infringe on those Charter protected rights in a way that we know would be unacceptable by officers executing their duties under the Criminal Code?6
It is well known that in the Charter-criminal law context, a lawful detention can be found to be arbitrary if the law authorizing the detention is arbitrary.7 Arbitrariness can be found if there are no criteria, express or implied, which govern its exercise.8 In circumstances where officers are making an arrest pursuant to the IPDA, they have the ultimate discretion in deciding who has reached the level of intoxication required to justify holding that person in custody.9 It appears from the Act that it can be any level of intoxication as long as the person is found in a public place.
In Reference Re Intoxicated Persons Detention Act, the Court of Appeal dealt with the issue of whether or not this piece of legislation was intra vires the legislature of Manitoba.10 In coming to the decision that it was intra vires, the Court expressed that, “one cannot gloss over the reality that, under the terms of the Act, a person who becomes intoxicated can be confined against his will in jail-like surroundings for a period of time of, and up to 24 hours. But the fact of confinement does not necessarily take this legislation into the realm of criminal law.”11 The Court then stated that the purpose of the IPDA is made clear in s. 3(1) and is to “prevent an intoxicated person from being a danger either to himself or to others.”12 So, essentially a person can be confined behind bars against his will for an entire 24 hours, but this is somehow different than circumstances in which “real criminals” are held behind bars against their will because they too pose a threat to society.
Looking back to the example of walking home after a night out, it is difficult to see how this endangers the public in any way, and if the real concern is actually for the safety of the person walking home, maybe a better use of the police officers’ time would be to go after the “real criminals” since, after all, this Act is supposed to be seen as a “protection” rather than a “penalty”. Yet, the Court of Appeal still felt the need to express that this Act is completely separate from the offence of causing a disturbance under the Criminal Code.13 If intoxication leads to public disturbance, it will then constitute an offence. Yet, even if there is no public disturbance, and therefore no criminal offence under S. 175(1)(ii) of the Criminal Code, you may still have to spend up to 24 hours behind bars.14
It is also not surprising that the police frequently, upon failing to find any reasonable grounds to formally arrest an accused under the Criminal Code, attempt to justify an arrest under the IPDA, knowing that the IPDA does not apply outside of a public place.15 For example, in the case of R v Alexson, officers received a hang-up call from 911 and attended the residence to investigate.16 The caller allowed the officers entry, and she asked them to “take him away” because the accused was drunk and angry.17 The officers wanted the accused out of the residence so they handcuffed him and placed him under arrest under the IPDA.18 On their way to the police car, the accused broke free, kicked an officer in the face and was subsequently charged with assault peace officer.19 At trial, the Crown did not dispute that the IPDA did not apply since it occurred inside a residence, yet the Crown still argued that the officers were acting within their duty by removing the accused from the residence to prevent an offence from “possibly happening”.20 The trial judge failed to find that the officers were acting lawfully in the execution of their duty at the time of the assault and acquitted the accused.21 The Queen’s Bench Court agreed with these findings and dismissed the appeal.22
Similarly, in the case of R v Anderson, the police officers were investigating a robbery investigation and attended a side-by-side house in an attempt to locate the perpetrator.23 Anderson came down the stairs intoxicated screaming profanities at one of the officers.24 The officer placed Anderson under arrest for “cause disturbance and IPDA” and did not provide her with a police caution or advise her of her Charter rights.25 While in the cell at the drunk tank, she kicked a police officer and was charged with assault peace officer.26 The trial judge stated that “not only were there no grounds for arresting Anderson for cause disturbance or detaining her under IPDA given that she was not in a public place, I find there were no grounds under the common law or the City of Winnipeg Charter for any detention”.27 He therefore found her not guilty of the offence of assault peace officer.28
What these cases represent are situations in which police officers are abusing their discretion that they have been afforded under the IPDA by attempting to use the Act as a means to justify and unjustifiable arrest and detention of an accused.29 If intoxication alone was enough to justify an arrest, it would be illegal, simple as that. The risk of abuse by police officers relying on this Act to infringe on our Charter protected rights has already been demonstrated in the case law above. This Act is simply another method of bringing uncertainty and abuse of state conduct into the realm of criminal law.
Endnotes
Public Intoxication in Manitoba: Should the IPDA Suspend Charter Rights? published first on https://divorcelawyermumbai.tumblr.com/
0 notes
Text
Public Intoxication in Manitoba: Should the IPDA Suspend Charter Rights?
Most people that I know, if not all, have stumbled home intoxicated from the bar at some point in their lives. It appears safe to say that most would see this as a “smart” choice as opposed to getting behind the wheel and breaking the law while putting people’s lives in danger. Now, we all know that it is not illegal to consume alcohol once you’re of age, right? Further, we know that it is not illegal to go for a walk while under the influence of alcohol, right? At least not under the Criminal Code it isn’t?
Section 2 of the Intoxicated Persons Detention Act (IPDA) provides that “a peace officer who finds a person who is intoxicated in a place to which the public has access, may take that person into custody.”2 Officers relying on this Act are then able to hold the intoxicated person in custody for up to 24 hours (s. 3.1).3 Since this is not your typical “arrest” the police have no obligation to inform you of your Charter rights upon detention.4 We, as Canadians, are entitled to certain protections under the Charter, including the right to be free from arbitrary detention protected by Section 9 as well as the right of life, liberty and security of the person, protected by Section 7.<5> Why then are we allowing this Act to infringe on those Charter protected rights in a way that we know would be unacceptable by officers executing their duties under the Criminal Code?6
It is well known that in the Charter-criminal law context, a lawful detention can be found to be arbitrary if the law authorizing the detention is arbitrary.7 Arbitrariness can be found if there are no criteria, express or implied, which govern its exercise.8 In circumstances where officers are making an arrest pursuant to the IPDA, they have the ultimate discretion in deciding who has reached the level of intoxication required to justify holding that person in custody.9 It appears from the Act that it can be any level of intoxication as long as the person is found in a public place.
In Reference Re Intoxicated Persons Detention Act, the Court of Appeal dealt with the issue of whether or not this piece of legislation was intra vires the legislature of Manitoba.10 In coming to the decision that it was intra vires, the Court expressed that, “one cannot gloss over the reality that, under the terms of the Act, a person who becomes intoxicated can be confined against his will in jail-like surroundings for a period of time of, and up to 24 hours. But the fact of confinement does not necessarily take this legislation into the realm of criminal law.”11 The Court then stated that the purpose of the IPDA is made clear in s. 3(1) and is to “prevent an intoxicated person from being a danger either to himself or to others.”12 So, essentially a person can be confined behind bars against his will for an entire 24 hours, but this is somehow different than circumstances in which “real criminals” are held behind bars against their will because they too pose a threat to society.
Looking back to the example of walking home after a night out, it is difficult to see how this endangers the public in any way, and if the real concern is actually for the safety of the person walking home, maybe a better use of the police officers’ time would be to go after the “real criminals” since, after all, this Act is supposed to be seen as a “protection” rather than a “penalty”. Yet, the Court of Appeal still felt the need to express that this Act is completely separate from the offence of causing a disturbance under the Criminal Code.13 If intoxication leads to public disturbance, it will then constitute an offence. Yet, even if there is no public disturbance, and therefore no criminal offence under S. 175(1)(ii) of the Criminal Code, you may still have to spend up to 24 hours behind bars.14
It is also not surprising that the police frequently, upon failing to find any reasonable grounds to formally arrest an accused under the Criminal Code, attempt to justify an arrest under the IPDA, knowing that the IPDA does not apply outside of a public place.15 For example, in the case of R v Alexson, officers received a hang-up call from 911 and attended the residence to investigate.16 The caller allowed the officers entry, and she asked them to “take him away” because the accused was drunk and angry.17 The officers wanted the accused out of the residence so they handcuffed him and placed him under arrest under the IPDA.18 On their way to the police car, the accused broke free, kicked an officer in the face and was subsequently charged with assault peace officer.19 At trial, the Crown did not dispute that the IPDA did not apply since it occurred inside a residence, yet the Crown still argued that the officers were acting within their duty by removing the accused from the residence to prevent an offence from “possibly happening”.20 The trial judge failed to find that the officers were acting lawfully in the execution of their duty at the time of the assault and acquitted the accused.21 The Queen’s Bench Court agreed with these findings and dismissed the appeal.22
Similarly, in the case of R v Anderson, the police officers were investigating a robbery investigation and attended a side-by-side house in an attempt to locate the perpetrator.23 Anderson came down the stairs intoxicated screaming profanities at one of the officers.24 The officer placed Anderson under arrest for “cause disturbance and IPDA” and did not provide her with a police caution or advise her of her Charter rights.25 While in the cell at the drunk tank, she kicked a police officer and was charged with assault peace officer.26 The trial judge stated that “not only were there no grounds for arresting Anderson for cause disturbance or detaining her under IPDA given that she was not in a public place, I find there were no grounds under the common law or the City of Winnipeg Charter for any detention”.27 He therefore found her not guilty of the offence of assault peace officer.28
What these cases represent are situations in which police officers are abusing their discretion that they have been afforded under the IPDA by attempting to use the Act as a means to justify and unjustifiable arrest and detention of an accused.29 If intoxication alone was enough to justify an arrest, it would be illegal, simple as that. The risk of abuse by police officers relying on this Act to infringe on our Charter protected rights has already been demonstrated in the case law above. This Act is simply another method of bringing uncertainty and abuse of state conduct into the realm of criminal law.
Endnotes
Public Intoxication in Manitoba: Should the IPDA Suspend Charter Rights? published first on https://divorcelawyermumbai.tumblr.com/
0 notes
Text
Public Intoxication in Manitoba: Should the IPDA Suspend Charter Rights?
Most people that I know, if not all, have stumbled home intoxicated from the bar at some point in their lives. It appears safe to say that most would see this as a “smart” choice as opposed to getting behind the wheel and breaking the law while putting people’s lives in danger. Now, we all know that it is not illegal to consume alcohol once you’re of age, right? Further, we know that it is not illegal to go for a walk while under the influence of alcohol, right? At least not under the Criminal Code it isn’t?
Section 2 of the Intoxicated Persons Detention Act (IPDA) provides that “a peace officer who finds a person who is intoxicated in a place to which the public has access, may take that person into custody.”2 Officers relying on this Act are then able to hold the intoxicated person in custody for up to 24 hours (s. 3.1).3 Since this is not your typical “arrest” the police have no obligation to inform you of your Charter rights upon detention.4 We, as Canadians, are entitled to certain protections under the Charter, including the right to be free from arbitrary detention protected by Section 9 as well as the right of life, liberty and security of the person, protected by Section 7.<5> Why then are we allowing this Act to infringe on those Charter protected rights in a way that we know would be unacceptable by officers executing their duties under the Criminal Code?6
It is well known that in the Charter-criminal law context, a lawful detention can be found to be arbitrary if the law authorizing the detention is arbitrary.7 Arbitrariness can be found if there are no criteria, express or implied, which govern its exercise.8 In circumstances where officers are making an arrest pursuant to the IPDA, they have the ultimate discretion in deciding who has reached the level of intoxication required to justify holding that person in custody.9 It appears from the Act that it can be any level of intoxication as long as the person is found in a public place.
In Reference Re Intoxicated Persons Detention Act, the Court of Appeal dealt with the issue of whether or not this piece of legislation was intra vires the legislature of Manitoba.10 In coming to the decision that it was intra vires, the Court expressed that, “one cannot gloss over the reality that, under the terms of the Act, a person who becomes intoxicated can be confined against his will in jail-like surroundings for a period of time of, and up to 24 hours. But the fact of confinement does not necessarily take this legislation into the realm of criminal law.”11 The Court then stated that the purpose of the IPDA is made clear in s. 3(1) and is to “prevent an intoxicated person from being a danger either to himself or to others.”12 So, essentially a person can be confined behind bars against his will for an entire 24 hours, but this is somehow different than circumstances in which “real criminals” are held behind bars against their will because they too pose a threat to society.
Looking back to the example of walking home after a night out, it is difficult to see how this endangers the public in any way, and if the real concern is actually for the safety of the person walking home, maybe a better use of the police officers’ time would be to go after the “real criminals” since, after all, this Act is supposed to be seen as a “protection” rather than a “penalty”. Yet, the Court of Appeal still felt the need to express that this Act is completely separate from the offence of causing a disturbance under the Criminal Code.13 If intoxication leads to public disturbance, it will then constitute an offence. Yet, even if there is no public disturbance, and therefore no criminal offence under S. 175(1)(ii) of the Criminal Code, you may still have to spend up to 24 hours behind bars.14
It is also not surprising that the police frequently, upon failing to find any reasonable grounds to formally arrest an accused under the Criminal Code, attempt to justify an arrest under the IPDA, knowing that the IPDA does not apply outside of a public place.15 For example, in the case of R v Alexson, officers received a hang-up call from 911 and attended the residence to investigate.16 The caller allowed the officers entry, and she asked them to “take him away” because the accused was drunk and angry.17 The officers wanted the accused out of the residence so they handcuffed him and placed him under arrest under the IPDA.18 On their way to the police car, the accused broke free, kicked an officer in the face and was subsequently charged with assault peace officer.19 At trial, the Crown did not dispute that the IPDA did not apply since it occurred inside a residence, yet the Crown still argued that the officers were acting within their duty by removing the accused from the residence to prevent an offence from “possibly happening”.20 The trial judge failed to find that the officers were acting lawfully in the execution of their duty at the time of the assault and acquitted the accused.21 The Queen’s Bench Court agreed with these findings and dismissed the appeal.22
Similarly, in the case of R v Anderson, the police officers were investigating a robbery investigation and attended a side-by-side house in an attempt to locate the perpetrator.23 Anderson came down the stairs intoxicated screaming profanities at one of the officers.24 The officer placed Anderson under arrest for “cause disturbance and IPDA” and did not provide her with a police caution or advise her of her Charter rights.25 While in the cell at the drunk tank, she kicked a police officer and was charged with assault peace officer.26 The trial judge stated that “not only were there no grounds for arresting Anderson for cause disturbance or detaining her under IPDA given that she was not in a public place, I find there were no grounds under the common law or the City of Winnipeg Charter for any detention”.27 He therefore found her not guilty of the offence of assault peace officer.28
What these cases represent are situations in which police officers are abusing their discretion that they have been afforded under the IPDA by attempting to use the Act as a means to justify and unjustifiable arrest and detention of an accused.29 If intoxication alone was enough to justify an arrest, it would be illegal, simple as that. The risk of abuse by police officers relying on this Act to infringe on our Charter protected rights has already been demonstrated in the case law above. This Act is simply another method of bringing uncertainty and abuse of state conduct into the realm of criminal law.
Endnotes
Public Intoxication in Manitoba: Should the IPDA Suspend Charter Rights? published first on https://divorcelawyermumbai.tumblr.com/
0 notes
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