I went into the Coquitlam RCMP Detachment, requesting help with what I clearly see as theft. I was given the attention of three Officers, one of whom was present to Keep the Peace on a prior visit. My request was simple, deal with this as Theft and it is Theft.
Unfortunately for me, I couldn’t sleep last night as I need to remove obstacles and barriers in my path, not have people add to them. I took a pill last night to help, one which left me groggy and full of dry mouth when speaking to the Officers. This didn’t really help with my communicating skills.
The one Officer who was there formerly to Keep the Peace, she remembers my Cousin offering me what I am asking for. She remembers me not taking it. I couldn’t take it, I had no place to keep it. She also remembers my Cousin stating that it wouldn’t be a problem for me to get it at later time. That I could just come by and get it.
Onto the Theft business, I really do not want to charge my Cousin with theft, but this is Theft. I simply wanted to use this fact as leverage against my Cousin. Either allow myself to freely collect my property or be Charged with Theft, it is simple. Problem solved, move on – next problem.
So in offering my stance on 322.1.a, one Officer took the lead citing the main Article 322 in regards to the Colour of Right. Seeing that I had placed the property there he is claiming the my Cousin has free Colour of Right. The Officer went on to explain that if I let someone use my car and… were I then replied something to the effect of sure until I told them that they no longer could drive the car. They would then have no Colour of Right. He backed up citing bad example – fair enough it was.
He went on to say that since I placed my property there, he has Colour of Right. It was placed there into SafeKeeping and Storage under Trust. For me that is not Colour of Right. Furthermore, even if did he have Colour of Right, the Colour of Right has been revoked.
He had no excuse to move portions outside into the elements, nor pull thousands of dollars worth of new very expensive kitchenware out of storage and place it into common use in the household kitchen. Just the Knives alone are $700, the Scissors in that set are lost and those people do not treat that property like I do.
My Cousin does not have the Right to Pledge my Property as Security 322.1.b.
I was initially upset the Officers because this could be dealt with today very simply. Just basically show on a cold call, explain the situation, Mark BERLADYN you have the option: Risk a Charge of Theft or allow him to recover his property. I don’t want to say anything, but I’ve intended to be fair and even giving with my Cousin. Maybe I am not right to be upset, I don’t know.
RCMP provided and what they see as an alternative resolution. I do not see that as a resolution. I see that as a way for my cousin to withhold property and lie. Under the threat of a Theft Charge, Mark would be upfront and honest and I would be very giving. For me it is the best resolution.
322 (1) Every one commits theft who fraudulently and without colour of right takes, or fraudulently and without colour of right converts to his use or to the use of another person, anything, whether animate or inanimate, with intent
(a) to deprive, temporarily or absolutely, the owner of it, or a person who has a special property or interest in it, of the thing or of his property or interest in it;
(b) to pledge it or deposit it as security;
(c) to part with it under a condition with respect to its return that the person who parts with it may be unable to perform; or
(d) to deal with it in such a manner that it cannot be restored in the condition in which it was at the time it was taken or converted.