1988 Responses to “Comments And Questions”

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1. 1698
   Sean, Saanich
   February 23rd, 2010 at 3:17 pm

   the recent arrest of a intoxicated on duty taxi cab driver in saanich has led me to question rules in saanich. according to news paper article in victoria you need to have a chiefs permit or in otherwise a criminal record check to operate in victoria. It implies there is no such requirment to operate in saanich and penisula and west shore. would it be not worth saanich police and central saanich and rcmp pressing town council to inact the same rules in all areas of greater victoria. Well there is likely maybe only a couple bad apples in taxi industry it sure would be worth taking this small measure to protect others on the road.

   Saanich Police Response:

   Hi Sean,

   You are correct that a “Chief’s Permit” is not required for a taxi driver to operate in Saanich. However, I have learned that cab drivers must provide drivers abstracts to their employer on a regular basis so that their driving habits are continually documented and recent. The standard in the taxi service related to this particular article and that of impaired driving is already in place. Impaired charges, 24 hour prohibitions and administrative driving prohibitions each remain on drivers abstracts for a period of 5 years. My understanding is that cab drivers have to provide an abstract that would show any of these charges/prohibitions on a yearly basis and some even more frequently.

   Considering the high number of taxis on the road and the many hours these drivers put in behind the wheel I believe their overall driving history must be of a high standard as cases such as the one you refer to are few and far between. And in regards to any other non-driving offences which a criminal record check would show that would be up to the employer, as with most professions, to decide if that is to be a component of the application process.

   Thanks very much for writing in, Sean. Hope you enjoy your day.

   Response by Cst. Kris Dukeshire  

2. 1697
   Worried Mom, Saanich
   February 22nd, 2010 at 2:35 pm

   I would like to know what is required to obtain a restraining order. We are having an issue with my son’s ex girlfriend who has been making threats of bodily harm to him, his female friend and her baby. As well, so has her new gangster wanna be boyfriend. I have copies of these threats which were posted on my son’s facebook wall. I have also just downloaded new pictures the ex posted of her and her friend holding two hand guns and a rifle. One picture shows her holding a hand gun to her friends head. There are two incidents of physical violence that I know of where she has hit my son accross the back with level and also gashed his head open with a large can. She seems to be obsessed with my son and even after repeated requests she just won’t go away. Any information would be greatly appreciated. Thank you

   Saanich Police Response:

   Dear Worried Mom,

   From what you have typed, my strong suggestion to you would be to immediately report this to police to investigate.  Unfortunately your posting here doesn’t qualify as a report and I have to direct you to call us at 250-475-4321 or to even attend our front counter.  You can make a report 24/7 but believe, based on your circumstances, that you should not wait in doing this - particularly taking into account the pictures with guns being held. 

   If you are seeing all this on Facebook, do a screen save and print everything.  As we know, Facebook postings or anything else on-line can be deleted in a heartbeat and then it can be fairly onerous from the investigative side of things, to recover that information.  It is always best to copy it, print it, save it in the first instance. 

   I know your question was simply about what is required for a Restraining Order so to answer that, a Restraining Order technically is through the Family Courts and does not necessarily involve police.  You can apply for one on your own by attending the Family Court offices downtown.  However, based on your information, this is not the appropriate route. 

   A police investigation is the right course of action for you.  This investigation could then lead to a ‘restraining order’ on the criminal side of the Courts.  It is called a Peace Bond and is an actual Criminal Code charge.  This may not be the result of a police investigation into your situation though, as there are a number of different criminal charges that could be pursued prior to a Peace Bond.  Regardless though, if a charge is appropriate, and an arrest made, police will include a No Contact condition as part of anyone’s release.

   I hope that helps you.

   Response by Sgt. Julie Fast

    

    

    

3. 1696
   Sam
   February 21st, 2010 at 11:03 am

   Quick question about the Buziak case: After hearing about the Malahat crash yesterday and seeing the alleged car thief’s photo on a BC Ferry surveilance video, was nothing uncovered with regards to Buziak’s killer on their surveilance tapes at that time?

   Saanich Police Response:

   Hi Sam,

   As this is an active investigation I am sorry but can’t comment on the details of the investigation at this time. I have advised the detective team assigned to Lindsay’s file of your question.

   Sam, thank you for taking the time to write in. Take care.

   Response by Cst. Kris Dukeshire

    

4. 1695
   George, Saanich
   February 21st, 2010 at 8:37 am

   I just bought a new Jeep Wrangler and was wondering if it is legal to drive with the doors removed. The sticker in the cab says the doors and roof are for protection from the elements only and NOT for saftey. Thanks

   Saanich Police Response:

   Hi George,

   That’s a good question and I’m surprised by the answer (although it makes sense) and have subsequently learned that I was breaking the law myself way back when I was a Jeep owner.

   I spoke with the Compliance/Inspections division of ICBC who advised that any vehicles built with doors must have those doors in place when the vehicle is being operated on the road. When off-roading this rule does not apply. Section 19.02 of the Motor Vehicle Act Regulations covers the regulations regarding doors and section 219(1) of the Motor Vehicle Act states “No doors (if original equipment) - fine - $109″.

   Understandably, driving with the doors off does compromise the safety and containment of the passengers and this is why this regulation is in place. Apparently some models of Jeep CJ’s (pre 1986) were built without hard doors and are legal to drive on roads as hard doors weren’t part of the original equipment.

   Regardless, I am sure you are going to enjoy the coming summer that much more driving around top down in your new Jeep. Thanks for writing in!

   Response by Cst. Kris Dukeshire

5. 1694
   Barry,Colwood
   February 20th, 2010 at 7:01 pm

   My question is in regards to all the new roundabouts that are popping up all over town. I know you are to yield to all traffic in the roundabout, but isn’t it like a four way stop when more than one vehicle gets to the ’bout at the same time. Often, I’ll get to the ’bout and wait for the vehicle in the ’bout to clear and someone else will come along and go right through without stopping to let me go when I was there first. What is the law in this situation.

    Saanich Police Response:

   Barry,

   Thanks for your question about roundabouts - there is no doubt that we are seeing more and more of them in the area.  In Saanich we are seeing “Traffic Circles” replacing residential intersections.  The rules for these Traffic Circles - basically smaller versions of Roundabouts - are just as you think:

   • Slow down as you approach the circle
   • If there are no traffic signs - ie. Stop or Yield signs, treat it as an uncontrolled intersection
   • Yield to any and all traffic already in the circle
   • If another car arrives at the same time as you, the car on the right has the right-of-way
   • Always turn right to enter the circle and continue in a counter-clockwise direction
   • Always turn right to exit the circle

   These same rules apply to Roundabouts, with the addition of a couple more.  As I said, Roundabouts are bigger than Traffic Circles and will often have more than one lane.  If you find yourself approaching one of these (can’t think of anywhere in Saanich you will find one though):

   • Slow down
   • Know where you want to go before entering and move into that lane as you enter
   • Do not change lanes once in the Roundabout
   • Do not drive alongside large trucks or buses because they may need more than their lane to turn

   Check out this website from the Province of BC regarding Roundabouts and Traffic Circles.

   So in short Barry, you are absolutely correct when it comes to entering and yielding at Traffic Circles and Roundabouts.  I also can appreciate your comment about seeing vehicles disregarding these rules as I have seen it many times myself.  To help clarify the rules of the road and keep our roads safe, I will post these rules on our Media page on the website and will pass along your concerns to our Traffic Safety Unit.

   Again thank you for your comment.

   Response by Sgt. Julie Fast

6. 1693
   Jim
   February 20th, 2010 at 11:06 am

   Hi, good informative column. I have long been concerned about the 4-way stop intersection at Kenmore and Torquay. I’ve lived in the area for more than 30 years and have seen at least a dozen instances of cars running the stops (usually on Kenmore) without even slowing down. I have twice, nearly been hit. Considering the short period of time per instance I would have been at this intersection while driving, I can only imagine how many more vehicles may have failed to stop. I have mentioned my concern to a number of your members over the years, and was told that the Dept. is aware of the problem, yet nothing has improved. I believe traffic control lights should have been installed long ago considering two schools are located very close, adding both pedestrian and vehicular traffic volume. I would have hoped Police would have made a recommendation to Saanich Engineering. I have only ever once seen police observing the intersection, and have never seen Saanich Mun. vehicles. It would appear that no one of authority, shares my opinion. I really do hope it will not take a serious event to get control lights installed.

   Saanich Police Response:

   Jim,

   Your concern regarding safety at this intersection does not go unheard by the Saanich Police.  Our Traffic Safety Unit is dedicated to helping keep our roadways safe and regularly pays special attention to areas of public concern.  Intersections, particularly high volume ones, are always a high priority because that is where the majority of crashes happen.  And because of this, our Traffic officers consistently monitor intersections within the Muncipality, including the smaller ones.  I will forward your concerns on to them as well as to the School Liaison Office, with a request that enforcement be conducted when officers are available.

   Your suggestion of a traffic control light at this particular spot however, is something that the Municipal Engineering Department will have to look into.  Unfortunately I am not aware of their guidelines regarding the installation of new traffic lights.  They can be reached at 250-475-5575.

   Thank you for your comments.  We rely on the community to inform us when they are concerned about something and will work to improve a problem or unsafe area as best we can.

   Response by Sgt. Julie Fast

    

    

7. 1692
   A, Saanich
   February 19th, 2010 at 2:53 pm

   Hello,

   In response to posting #1687. If police knocked on the door and smelled marijuana, do they not have reasonable grounds to enter the home? Also, in a case like this would police go as far as to get a warrant to search? I know the other option is they either get consent or they see marijuana from the doorway which gives them authority to search “that specific area” and nowhere else. Can you elaborate on search and seizure?

   Saanich Police Response:

   Good morning A,

   To answer your first question, we would not have the authority to enter a home without a warrant based on the smell of marijuana being smoked. See Section 11 (Part 2) of the Controlled Drugs and Substance Act which details the grounds and circumstances needed for the granting of a warrant and search and seizure. In a case such as this, we would most likely not pursue a warrant as we would have to consider the totality of the situation and weigh the time and resources needed to obtain the warrant, the concern for public interest and safety, the ability to provide reasonable grounds as opposed to suspicion to the seriousness of the offence and the likelihood that the drug will still be present once that warrant is obtained. If an officer attends and speaks with the homeowner at the door and the officer observes, in plain view, a controlled substance then that officer could potentially arrest the individual and sieze the drug. If after such action, evidence presents itself that there are more drugs in the residence or the manufacturing of drugs is taking place then we would most likely take steps to secure the residence (potentially more arrests) and apply for a warrant to further search the residence.

   However, the points I have touched on above are based on hypothetical scenarios which would in reality lead to any number of possible considerations and actions on the attending officers part. Every call we respond to is unique to itself so it is impossible for me to tell you how your scenario would play out.

   It still boils down to calling us when the problem is occurring and that attending officer acting on what he or she is presented with. Thanks for writing in!

   Response by Cst. Kris Dukeshire

8. 1691
   SW, Saanich
   February 18th, 2010 at 11:12 am

   We have a neighbour whose dog is never on the leash. This dog is constantly crossing the road into our townhouse development, chasing my cat (who sits on our patio) and more recently managed to scare our cat back into the house and stick his head through our sliding door. When we moved in last summer, the owner (after the dog scared our cat) actually told us to fence our yard to keep the cat in (my cat is an indoor cat, although I do let him out on occasion to sit on the patio). I would like to report this to someone, however, I don’t want the owners to know who reported this issue. This is not the only case of dogs in my neighbourhood off their leash. We live next to a walking trail and the majority of dogs being walked are never on leash. We are getting a new puppy shortly and are concerned this dog will manage to chase our new puppy when we’re out training her. Advice?

   Saanich Police Response:

   Hi SW, sorry to hear that your neighbour’s only solution to this problem is for you to fence in your own yard to keep the dog out.

   You need to speak with a member of the Saanich Pound who will be able to tell you where and when dogs can be off-leash, how to report the matter, and how they can investigate the matter while protecting your identity. Their direct line is 250 475 4360 which you can call for advice. To report the problem, simply call our non-emergency line at 250 475 4321 and a Pound Officer will be assigned at that time. I have also provided you with a link to Saanich Bylaw #8556 which lays out the regulations for animals in Saanich, including leash rules.

   Hope you and and your cat get to enjoy some peace on the patio soon!

   Response by Cst. Kris Dukeshire

9. 1690
   James, Victoria
   February 18th, 2010 at 12:52 am

   Hi there,

   I was wondering if it is legal to convert an ordinary bicycle to a motorized one by attaching a low displacement (49cc) gas motor for use on the road or anywhere else bicycles are permitted to be ridden?

   Saanich Police Response:

   Hi James. Good question, thanks for writing in.

   Unfortunately the short answer is no. ICBC regulates that motor assisted cycles (MACs) must combine the pedal power of bicycles with the power assistance of an electric motor (500 watts or less, not gasoline). LSMs or Limited Speed Motorcycles (scooters, low-powered motorcycles) must be be powered by motor power that is 50cc or less or electric motor less than 1500 watts. LSMs must be registered, licenced and insured. If you were “building” a LSM it would have to be inspected by an ICBC approved vehicle inspector to ensure that it meets ICBC road safety standards. LSMs can only go where motor vehicles are allowed to go (with some additional restrictions), MACs can go wherever bicycles can go.

   I have attached the ICBC link to their LSM/MAC page so that you can have a read of the regulations governing LSMs and MACs. Hope this helps, James. Enjoy the sunshine!

   Response by Cst. Kris Dukeshire

10. 1689
    Sam
    February 17th, 2010 at 7:44 pm

    Question and a comment:

    When a traffic light at a larger intersection has failed and procedure defaults to a 4-way stop, would it not be prudent for a member of the road safety unit to arrive and direct traffic allowing more cars to pass through the intersection in a safer manner? This could reduce back-ups at other intersections due to the slow 4-way stop procedure and increase safety in the intersection for pedestrians, cyclists and other drivers.

    I have noticed on Fort street near the intersection of Pandora/Oak bay people will stop outside the convenience store “Freddies flowers”. After returning to their vehicle, many drivers will perform a U-turn in the middle of fort street to head back towards town. I feel that this poses a significant safety risk and would like to suggest that this activity be enforced.

    Thanks.

    Saanich Police Response:

    HI Sam, thanks for writing in.

    We often attend intersections to provide traffic control when the lights are out. Anytime you see traffic lights not operating please give us a call and we will swing by to check on the safety of the intersection. You are right, often it helps to control traffic in such a manner as opposed to leaving it to the “four way” rules. It just depends on the intersection and the traffic/pedestrian volume.

    As to the traffic concern on Fort St, you would need to contact Victoria Police to request enforcement as that intersection is in their jurisdiction.

    Take care, Sam. Have a great day.

    Response by Cst. Kris Dukeshire

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