Criminal code is silent on "for your own good"

Page 18

PRO BONO

Dear Tuma:

I want to make a complaint against the RCMP. Last week I was tossed into the cells for "my own good" and I did not like the way they treated me. The RCMP should be more respectful when they are arresting someone and not just toss them into the drunk tank with everyone else. How do I make a complaint about the way I was treated?

Time Cross

Dear Time Cross:

I am not sure why you were arrested or how long you were in the jail cell. It could have been for a variety of reasons, but this is the first I have heard of being arrested for "my own good." I have checked the Canadian Criminal Code and have not found a charge called "For My Own Good." On that note, I will need more information from you. But if you want to make a complaint about the RCMP, here is what you should do.

There are two ways to resolve your problem, an informal way and the formal way.

I would start with the informal way. Ask to meet with the detachment commander of that particular detachment. Make sure that you write down his or her name, the time and date of the meeting, what you discussed and what was the result. Be clear, calm in discussing your issue and also be clear on what it is that you want to resolve your problem. You may want to talk to someone higher up. Do not be afraid of talking to the next person higher up in the chain of command.

If you do not receive any satisfaction, take it to the next step, the formal process. You can write a letter or ask the detachment commander to register a formal complaint with the RCMP Complaints Commission. This will trigger a formal investigation and a formal process in which you can choose to participate.

Remember it all starts with you.

Dear Tuma:

I have been asked by my band to help them negotiate an agreement with both the feds and the province. I'm not sure what I can do and am afraid of doing the wrong thing or demanding something. I'm afraid that the band may find out that I do not know how to negotiate or that I will be intimidated by the big lawyers on the other side and with me with no education. Can you help me?

Samson and Goliath

Dear Samson:

The first thing to do is to take some time and think about your community. Think about the future and what you would like your community to look like for your children, grandchildren, great-grandchildren and so on. Now, take a deep breath and plunge right into the negotiation process.

You should find out where you can take a negotiation course. There are a number of different ways to negotiate-think of the hard nosed, slamming the table type of guy and the soft, compromising, let's make a deal person. Both types are good, but you may want to take another approach.

Harvard University has developed and promoted a new method, one that I like to use, and this is called the interest-based method of negotiating. You can take this course in a variety of places (at Harvard University, BC Institute of Justice, or the Banff Centre). If you are looking for something that is directly related to First Nation negotiations, contact the Banff Centre. They offer a one-week course in negotiations training for First Nations folk.

Once you have taken the course, read up on the material and prepare yourself. Do not be afraid of the lawyers on the other side. They are human just like you and they put on their pants one leg at a time. If you do not totally feel comfortable, ask around and find out the name of a good First Nation lawyer. They can help immensely and will offer you a couple of tips on negotiations. Tell them that Tuma sent you.

Tuma

This column is not intended to provide legal advice, but highlight situations where you should consult with a lawyer. Questions can be sent to TumaYoung@eskasonibc.ns.ca