Researched, Prepared and Submitted by Norman C. Hein
Sudbury Trail Plan Association
Trail Warden Coordinator
As prescribed by, The Canadian Criminal Justice Association, In association with, The Canadian Council on Social Development, The Canadian Council On Children and Youth, The Canadian Association of Chiefs of Police, The Federation of Canadian Municipalities, in their co-operative paper, Safer Communities, published in the Canadian Journal of Criminology, Volume 31, No.4. Focus of the paper was committed to more involvement between police and the community.
The report stated," Police departments be open and receptive to the needs of the community, and to the community's right to effective participation in how the community is policed". Report continued to state, "Police provide opportunities for citizens to participate in and contribute to crime prevention". Report indicated, "Police act in partnership with the community", in-regards to solving crime within the community.
Community and police partnerships, does it work? Robert Yin, a widely respected criminal justice expert, concluded, "The evaluation results are positive and encouraging- in most cases, and targeted crime was reduced".
As published in the Canadian Journal of Criminology, Volume 33, No.3-4, "Policing is a full partnership between the community and their police, crime and disorder problems are the joint property of the community," [Murphy and Muir 1984]. Barry N. Leighton, Solicitor General Canada, published in the same Journal; "By advocating a police-community partnership, community policing seeks to empower the community to bring it onto a more equal footing with the police, as co-producers of peace and order". Barry N. Leighton, continued to state, "Greater community involvement with policing might be interpreted by police executives as providing additional or supplementary resources through volunteers, local crime and order problems become joint responsibilities, with the consequent sharing of both successes and of failures or limitations".
Unfortunately legislation is not currently in place to empower special constables to patrol snowmobile trails. Though existing funding programs are in place. In 1974, one million dollars was made available to snowmobile clubs for trail development and maintenance. Funding continued in subsequent years, in gradually reduced amounts until the winter of 1981-82. In 1981-82 funding was discontinued. During that time, the Ontario Government provided "Public Money", for the development of trails the Motorized Snow Vehicles Act [1974], defined that all snowmobile trails that were developed with "Public money" were "Public trails". This meant that any snowmobiler in Ontario could use the "Public trails". The withdrawal of "Public Money" meant that, in essence, there were no more public trails except in areas designed and/or maintained by a government agency. The Motorized Snow Vehicles Act, was amended accordingly to reflect the re-designation of the "Public Trail" definition. To all intents, all trails, other than government maintained became "Private Trails". Henceforth the user pay system commenced operating in the Province of Ontario.
CHAPTER 301
MOTORIZED SNOW VEHICLES ACT
1. In this Act, [ka] "trail" means the whole of any trail established and maintained by a recreational organization for the use of motorized snow vehicles; I believe with the current definition of the M.S.V.A., The snowmobile sport should be partially self-policing. With legislation currently in place,
CHAPTER 400,
PROVINCIAL OFFENCES ACT
1. - [1] In this Act,
[i] "Provincial offences officer" means a police officer or a person designated under subsection [2];
[2] A minister of the Crown may designate in writing any person or class of person as a provincial offence officer for the purposes of all or any class of offences.
3. - [2] A provincial offences officer who believes that one or more persons have committed an offence may issue, by completing and signing, a certificate of offence certifying that an offence has been committed and,
[a] An offence notice indicating the set fine for the offence;
or
[b] A summons, in the form prescribed under section 13.
I propose, a pilot project commencing for the 92/93-snowmobile season, in the Sudbury district between;
Ministry of Northern Development and/or Ministry of Tourism and Recreation;
Ministries separately or combined will fund and train, twelve select qualified Ontario Federation of Snowmobile Clubs Trail Wardens as volunteer [no wages or benefits] Provincial Offences Officers. To enforce the M.S.V.A. Ministries will fund purchases of winter survival gear [snowmobile suits, helmets, boots, gloves, and communication equipment]. Ministries will fund winter survival training [Winter first aid]. Other Ministries [M.N.R. Ministry of the Solicitor General, and O.P.P.] could assist in training the volunteer Provincial Offences Officers.
Ontario Federation of Snowmobile Clubs;
O.F.S.C. being the umbrella group of snowmobile clubs in Ontario, allowing the O.F.S.C. Trail Wardens to participate in the program. Assist with funding and training of the volunteer Provincial Offences Officers.
Sudbury Trail Plan Association;
S.T.P.A. being the umbrella group of snowmobile clubs in the Regional Municipality of Sudbury. S.T.P.A. having, "Duty of Care", of snowmobile trails in the Sudbury Region, as defined by the Occupier Liability Act of Ontario. Sudbury Trail Plan Association, will submit a list of suitable qualified O.F.S.C. Trail Wardens, to train as volunteer Provincial Offences Officers.
Sudbury Regional Development Corporation;
Prior to S.T.P.A. two million dollars was directly generated by the snowmobile sport in Sudbury Region. The 1991/92-snowmobile season directly generated an estimated 22 million dollars, in the Sudbury Region. S.R.D.C should protect their investment in the snowmobile sport, with funding assistance for the volunteer Provincial Offences Officers Program.
Possibly one of the four-snowmobile manufactures would donate twelve snowmobiles to be used by the volunteers while performing their duties. It would be a great promotion of safe snowmobiling and caring for the snowmobile consumer.
Liability insurance will be paid by one or the entire prior mentioned groups. Volunteer Provincial Offences Officers will not participate in high-speed pursuit or engage in physical confrontations
Tensions will ease among snowmobilers and non-snowmobiling public, in our regional towns, by enforcing provincial offences, prescribed by the M.S.V.A. One major concern of our local politicians, is the amount of complaints, caused by irresponsible snowmobilers. Who travel at a high rate of speed, trespass, and excess noise, in their communities. Violators could be charged, by volunteer Provincial Offences Officers, with speeding [section 16 of the M.S.V.A.], careless driving [section 14 of the M.S.V.A.], trespass while operating motorized snow vehicle [subsection 23-1 of the M.S.V.A.], disobey sign [subsection 25-3 of the M.S.V.A.], no muffler [subsection 16-2 of the M.S.V.A.], improper muffler [subsection 16-2 of the M.S.V.A., and drive vehicle having component or device removed or modified [subsection 16-2 of the M.S.V.A.].
Dr. Brain Rowe and Dr. Gary Bota, of the Northeastern Regional Trauma Program at Sudbury General Hospital, five-year study indicated alcohol was involved in 69% of snowmobile fatalities. Excess speed was also a factor. Volunteer Provincial Offences Officers will have the authority to stop alleged impaired snowmobile drivers and place the alleged impaired driver into custody. Turning the accused over to the police as soon as possible. If the alleged impaired driver becomes hostile, the accused could be charge with, obstructing justice [section 139 of the Criminal Code]. If accused departs before police arrive, accused could be charged with, escaping lawful custody [section 145 of the Criminal Code]. If the alleged impaired driver is found to be driving with legal amount of alcohol in his/her body, driver will be released. Volunteer Provincial Offences Officers are protected against false arrest, by the Criminal Code, sections 25 and 28.
Volunteer Provincial Offences Officers can supplement police with, Ride Safe - Ride Sober, Booze'n Snow, Don't Go, anti-drinking and driving spot checks. With volunteer Provincial Offences Officers, enforcing minor snowmobile infractions, police will be able to allocate more police officers to more serious snowmobile problems.
I sincerely believe we could implement this program for the 1992/93-snowmobile season.