Tuesday, February 5, 2013

Why Don't They Just Get a Restraining Order?

On Tuesday January 22nd I received the following notification:

Please be informed that arising from your involvement in an incident involving a faculty member in respect of which the police attended, a Barring Notice issued against you and was served at your residence (copy attached). As stated in the Notice, you are barred from all University of Winnipeg property, leased or owned. Failure to comply will result in the Winnipeg Police Service being contacted and a charge being laid under the Petty Trespass Act of Manitoba.

Martin Grainger
Director, Campus Security/ Emergency Preparedness

So they planned to charge me if I showed up on campus. Well, I don't know about that. I thought I might give them some advice on how they might otherwise handle things, so I wrote back:

Mr. Grainger has advised me that the new trespassing order has been instituted in response to a complaint by Prof. Bush about an incident at his home. I would urge the University to reconsider its position in this  matter.

The University should know that if Prof. Bush feels he has any reason  to fear me, he may apply for a Protection Order from a Justice of the Peace. As you can verify from the Manitoba Government Website this can be done "quickly, simply and inexpensively" and without the need to notify the respondent (that would be me). Unlike the University's barring notice, a Protection Order would keep me away not only from the University but also from Prof. Bush's home. (See http://www.gov.mb.ca/justice/domestic/prevent.html ).

In the circumstances I believe a Protection Order would be a much more appropriate course of action the the Barring Order, which I consider to be an abuse of the University's powers under the Petty Trespassing Act.  In the meantime I will continue to govern myself according to the terms of the original Barring Order of January 2012. If, despite my advice, the University still wishes to assert its right to bar me under the Petty Trespassing Act, I would again request that they serve me in  accordance with the Queen's Bench Rules for Personal Service

Needless to say, the University did not follow my advice.

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