Help: Offence of Impersonating an Officer?

[ggranatstein]

Hello,

I could use a little help:

Is it an offence to impersonate an officer in the CF (with overseas experience)?

I know that the criminal code forbids:

"Personating peace officer

130. Every one who

(a) falsely represents himself to be a peace officer or a public officer, or

(b) not being a peace officer or public officer, uses a badge or article of uniform or equipment in a manner that is likely to cause persons to believe that he is a peace officer or a public officer, as the case may be,

is guilty of an offence punishable on summary conviction."

But "Peace Officer" only includes a member of the CF when that person is acting in quasi-police functions.

Any help or previous experience would be useful. If you need more details, please PM me.

Mods: If this is in the wrong forum, apologies - please move.

Cheers.

 

[dapaterson]

The definition of "public officer" in the Criminal code is:

"public officer" includes

(a) an officer of customs or excise,

(b) an officer of the Canadian Forces,

(c) an officer of the Royal Canadian Mounted Police, and

(d) any officer while the officer is engaged in enforcing the laws of Canada relating to revenue, customs, excise, trade or navigation;

"Overseas experience" (which isn't defined anywhere, and could be construed to include the time the CF sent me to a four star hotel in Boston) has no bearing.

 

[Neill McKay]

It seems to me that it's an offence to wear a CF uniform for the purpose of passing one's self off as a CF member when one isn't, but a quick look at the National Defence Act and the Criminal Code hasn't turned that section up.  But that may be a useful starting point for you.

 

[Blackadder1916]

It seems to me that it's an offence to wear a CF uniform for the purpose of passing one's self off as a CF member when one isn't, but a quick look at the National Defence Act and the Criminal Code hasn't turned that section up.  But that may be a useful starting point for you.

Article 419 of the Criminal Code

Unlawful use of military uniforms or certificates

419. Every one who without lawful authority, the proof of which lies on him,
(a) wears a uniform of the Canadian Forces or any other naval, army or air force or a uniform that is so similar to the uniform of any of those forces that it is likely to be mistaken therefor,
(b) wears a distinctive mark relating to wounds received or service performed in war, or a military medal, ribbon, badge, chevron or any decoration or order that is awarded for war services, or any imitation thereof, or any mark or device or thing that is likely to be mistaken for any such mark, medal, ribbon, badge, chevron, decoration or order,
(c) has in his possession a certificate of discharge, certificate of release, statement of service or identity card from the Canadian Forces or any other naval, army or air force that has not been issued to and does not belong to him, or
(d) has in his possession a commission or warrant or a certificate of discharge, certificate of release, statement of service or identity card, issued to an officer or a person in or who has been in the Canadian Forces or any other naval, army or air force, that contains any alteration that is not verified by the initials of the officer who issued it, or by the initials of an officer thereto lawfully authorized,
is guilty of an offence punishable on summary conviction.
R.S., c. C-34, s. 377.

But, depending on the circumstances, actions or intent of the alleged offender this article may not be applicable.

I could use a little help:

Is it an offence to impersonate an officer in the CF (with overseas experience)?  . . .

If you suspect that an individual claiming to be a member of the CF is not what he claims to be then perhaps your best course of action would be to report the circumstances to your local police, particularly if said individual is using his alleged military service as a means to fraudulently acquire money, goods or services.

However, if this is a case of an individual who is claiming that he served overseas with no other intent than to make himself look good (the classic "Walt") then the police may not consider it a priority to investigate.

 

[mariomike]

"Overseas experience" (which isn't defined anywhere,

Canadian World War veterans who served overseas, or on the "high seas", receive higher priority than those who did not when claiming VAC benefits.

 

[dapaterson]

Yes, but there is a specific legal term for that (which escapes me at the moment).  "Overseas experience" isn't defined by statue or regulation anywhere.

 

[ltmaverick25]

Ive run into a few people claiming to be in the military with some sort of special experience, like deployments, or some other fabled act of bravery.  When ever I mention I am in the CF as well, these people usually tend to clam right up.

 

[Kat Stevens]

If he's just a guy in civys gobbing off in a bar, there's not much you can do, other than drag him out back and tune him up.  If he's wearing a uniform with a full rack of medals, call the cops.

 

[riggermade]

the initial post is a little vague to what impersonation is happening....how many guys claim to be something they are not to get a piece of tail

 

[Gunnar]

None of them.  We're all honest upstanding citizens.  Especially if we're Doctors/Airborne/Snipers who have their own rock bands.  I mean, as a professional in those areas,  you can't afford to lie.

 

[AJC]

If we start turning in people for impersonating officers, our HQ's will empty out in a hurry.

 

[Lil_T]

the initial post is a little vague to what impersonation is happening....how many guys claim to be something they are not to get a piece of tail

is this a serious question? I ask because it made me giggle.

I think in that particular circumstance everyone; male or female has been guilty of pretending to be something they're not, as a means to an end.

 

[- m i l l e y -]

Overall, the answer to the question posed, Yes.  Yes, it is an offense to impersonate an officer in the CF.

 

[daftandbarmy]

Hello,

I could use a little help:

Is it an offence to impersonate an officer in the CF (with overseas experience)?

I know that the criminal code forbids:

"Personating peace officer

130. Every one who

(a) falsely represents himself to be a peace officer or a public officer, or

(b) not being a peace officer or public officer, uses a badge or article of uniform or equipment in a manner that is likely to cause persons to believe that he is a peace officer or a public officer, as the case may be,

is guilty of an offence punishable on summary conviction."

But "Peace Officer" only includes a member of the CF when that person is acting in quasi-police functions.

Any help or previous experience would be useful. If you need more details, please PM me.

Mods: If this is in the wrong forum, apologies - please move.

Cheers.

OK, I have to ask: Why do you want to know? Did you catch somebody out?

 

[- m i l l e y -]

I thought the same, but didn't ask.
Do you believe you caught somebody in the act, or we're you thinking of doing it yourself?

 

[BinRat55]

is this a serious question? I ask because it made me giggle.

I think in that particular circumstance everyone; male or female has been guilty of pretending to be something they're not, as a means to an end.

Rhetorically speaking, I think you over-analyzed the point - although I giggled too (only 'cause it's true), however being a Pulitzer prize winner in literature and a very well respected professor at Harvard University, I have to say I like the way you posed your remarks!!

:king:

 

[ltmaverick25]

Hah, in that past I suppose I am guilty of many offences incured while trying to get into someones bedroom.  Not that it ever worked, often..... ;D

 

[Lil_T]

Rhetorically speaking, I think you over-analyzed the point - although I giggled too (only 'cause it's true), however being a Pulitzer prize winner in literature and a very well respected professor at Harvard University, I have to say I like the way you posed your remarks!!

:king:

:rofl:  touché

 

[reccecrewman]

I'm gonna start digging.... I remember a few years ago reading about a man in London, Ontario who was nailed for impersonating an Army Captain. He used to wander around the downtown area in a set of impeccable CF's and a briefcase.... board buses and just float around town in CF's. I think he was handicapped if I'm not mistaken..... Time to hit google.

 

[geo]

A man  in impeccable CFs and a briefcase - wandering around the public transit system ?

Odd - but not impossible for certain Captains I know >