Analysis

Winnipeg Free Press - PRINT EDITION

Authorities work hard trashing law

By: Sel Burrows

Posted: 07/16/2012 1:00 AM | Comments: 0

W e noticed in the newspaper reports of knifings that people who are slain or seriously injured were often associated with an out-of-control party where too much booze had been imbibed. If people have knives, they are a lot more likely to use them if they are drunk. No one really minds a party once in awhile. In the inner city, however, we too often see party houses where there are ongoing drunken bashes five nights a week.

Our group decided we would crack down on party houses to prevent crime: Fewer drunken parties, fewer knifings. Seemed reasonable. We knew from talking to police parties are a frustrating part of the job. Neighbours complain. Police arrive. Party quiets down. Police leave. Party starts up again.

We got the bright idea police should seize alcohol when there is obvious drunkenness, particularly when there were drunken underage kids present at the party.

We discovered the Manitoba Liquor Control Act has some powerful sections that insist police seize liquor when it is being provided to minors or intoxicated people -- that is, drunks.

Sec. 121(2) makes it a crime to provide alcohol to someone under 18, and Sec. 121(5) makes it illegal for anyone under 18 to have or consume alcohol.

Sec. 122 is a powerhouse. No person shall permit drunkenness in their residence. They can't allow anyone who is drunk to drink in their residence.

Now we get to enforcement. Sec. 136 says it is the duty of police and inspectors to enforce this act. Sec. 139(1) says a person breaching the Liquor Act can be arrested without a warrant. Sec. 139 (2) allows police to seize liquor where there is a contravention of the Liquor Act.

Knives and noise were not our only concerns. Neighbours saw very young girls being attracted to party houses, getting drunk and having sex.

WRHA stats show young teen moms have a very high rate of pregnancy and of drinking while pregnant. Maybe by preventing wild parties we could cut down on the horrendous toll of FASD, but that's another article.

We took our wonderful research to the chief of police and the minister of healthy living. The chief denied the law even existed, the minister was interested. We were thrilled when meetings were arranged between the police, Crown attorneys, social services folk and ourselves.

After the meetings, we were gobsmacked. Everyone had done a lot of research to prove the Liquor Act couldn't be utilized. These sections of the act were illegal. A Crown attorney pontificated at great length about how this section of the act was actually not constitutional and how the poor wording of the act made it unenforceable.

He wasn't alone. The police had done their own research and they came to the same conclusion. Sorry North Point Douglas, the Liquor Control Act may be provincial law but these sections are actually illegal.

We were amazed at the amount of time important people had wasted and wondered why as much time wasn't spent on researching how the act could be used to protect the community from the crime that emanates from out-of-control parties.

We realized, however, this was normal in the justice system, which has good reasons why they don't try innovative methods. It allows them to continue with the same methods that have allowed our crime rate to spiral out of control.

Of course, we weren't going to let the intransigence of Crown attorneys and senior police stop us from dealing with party houses. We, as volunteers, turned to our next best solution and started calling landlords and describing what was happening in their rental units. Lots of evictions happened and we think it has prevented some crime and probably some teen pregnancies.

We still think police should use the Liquor Control Act. We believe if police entered parties that were getting out of control early and seized all the booze, hosts would start to be a lot more responsible. That's a pretty big investment they just lost. Soon word would get around that if neighbours complain about a crazy loud party, you might lose your investment in beer and vodka.

This is one small piece of law enforcement we believe is available. If it might prevent a few stabbings, a few murders and a few FASD kids, it would certainly be worth trying.

Sel Burrows is a Point Douglas activist and longtime New Democrat.

Republished from the Winnipeg Free Press print edition July 16, 2012 A11

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