RCMP cannot detain Wet’suwet’en protesters, expert says

Criticism against the liberal government has been escalating owing to solidarity protests demonstrated across the Wet’suwet’en territory in British Columbia, however, the recent dispute has been focusing on the police action.
The clash reached a crisis as a hereditary chief, the representation of the Wet’suwet’en house groups announced they are not going to meet up Carolyn Bennett and Scott Fraser, her B.C. counterpart till the removal of the RCMP detachment.
The federal opposition calls the government to launch the police in, but the matter is hardly under government’s control.
The protests, which have commenced in December 2019, are in solidarity with the Wet’suwet’en hereditary chiefs who are against a 6 billion dollar gas pipeline in the coastal area that is expected to be constructed across the unceded land owned by them.
Extensive protests began throughout the region following Supreme Court adjudication to prohibit the zone for the meddlesome protester against the construction. However, the conservative leader Andrew Scheer abhorred the government’s reaction to the barricade as the “weakest response to a national crisis”, Trudeau insists upon restraining efforts.
Trudeau remarked “Patience may be in short supply and that makes it more valuable than ever”.
The crown-indigenous relations minister Carolyn Bennett responded to government denigration of the turbulence while addressing an emergency meeting debate at the House of Commons by saying the administration of Canada “cannot direct the RCMP”.
Bennett said “It is very important to remember that the government does not have the authority to dictate the processes to the RCMP”.
Further “It is not the role of parliamentarians to tell the police how to do their job”.
However, the public safety critic Glen Motz said “the minister of public safety has the authority to direct the RCMP, as long as their requests did not interfere with ‘lawful duties’ or have any interference in the ‘law enforcement function’”, while referring to the RCMP act.
He assumed “Given that information, of course the minister of public safety can provide direction to the RCMP”.
The ministry of public safety has the authority to pass directions to the RCMP only if it follows three main principles as per RCMP Act, that the RCMP cannot disregard any of its legal activities to follow the direction, orders cannot breach independence of the RCMP as far as their law enforcement functions are concerned, and directions must not be ahead of the federal jurisdiction.
Sara Mainville urged the significance of the independence of the police department as an authoritative peacemaker rather than “arm of the state”.
She held that legally, the RCMP opts to “Operationalize the enforcement”.
Mainville responded with a straight “no” when she was asked about Canadian administration’s decision to send the police to detain the protestors.
She maintained “There’s a very fundamental relationship between the solicitor general and the police force but the police force in its operations is independent”.
“The operational decision-making is done solely by the police force”. She added “the same rule would apply provincially”, and quoted the B.C. government’s inability to direct the RCMP.
The RCMP functions independently, as the ministry of public safety told the news agency.
They said, “Police independence is crucial to public trust in our institutions. The Minister may not attempt to influence in any way an investigation, or direct the conduct of specific police operations”.
“Our government is committed to protecting the constitutional right to lawful peaceful protest, keeping Canadians safe, and upholding the rule of law”.
The RCMP gave no response to the news agency related to the matter.–Worldwide News

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