Heavy Set Women spits on Bus Passenger after being told to wear MASK , Passenger throws her out the Door

tycobb wrote:

Pandemics are used to Control populations wrote:

Okay I watched the video.

The guy assaulted her by telling her to put a mask on and calling her disgusting.

.

That is not assault

Correct. He would have to threaten her in order for it to be assault.

YMMV wrote:

tycobb wrote:

That is not assault

Correct. He would have to threaten her in order for it to be assault.

I don’t know about Canadian Law but in the States, threat laws vary by jurisdiction. For example in MD there are no threat laws, but in DC there is a “Threats in a menacing manner” law which is a form of assault. The catch is that the person making the threats has to make actual articulated threats of harm, and be capable of carrying them out, in order to be charged with the crime. An example would be if he stated something like “Put a mask on or I’m going to shove you off this bus.” Simply calling someone disgusting is harassment, not threats.

If Canada has harassment laws, I’d guess that escalating a situation by spitting on a harasser, or shoving a spitter, both individuals would probably be charged with some sort of criss-cross assault, because they both escalated the situation.

A guy with HIV once spit on a cop and got an attempted murder charge,

Social media have identified her and and the video is being posted all over. She basically has lost her office job.....

Vancouver Man . wrote:

Social media have identified her and and the video is being posted all over. She basically has lost her office job.....

She was canceled by the pro-maskites. Another victim of the liberal mob.

You can’t go around spitting on folks. That is a great way to catch a communicable disease. Throwing her off the bus was justified self defense.

WallaYus ** Punky wrote:

Vancouver Man . wrote:

Social media have identified her and and the video is being posted all over. She basically has lost her office job.....

She was canceled by the pro-maskites. Another victim of the liberal mob.

Pandemics are used to Control populations wrote:

Okay I watched the video.

The guy assaulted her by telling her to put a mask on and calling her disgusting.

She retaliated by spitting on him, which was obviously not a good idea..... She didn't even touch him....

If you spit on somebody, you are touching them.

He was not assaulting her by telling her to put on a mask and calling her disgusting. The law doesn't consider words to be assault.

But I might be wrong. If I am, please post the relevant Canadian/provincial statute.

It seems like there would be some gray areas in many situations. If he asked her politely to please put on a mask I don't see how that could be considered harassment by any standard.

But what if someone is violated accepted norms. For example, if someone cuts to the front of a line and someone calls them disgusting was it provoked? What if someone is talking loudly in a movie theatre and someone tells them to shut up. Is that harassment?

There is a mask mandate for public transportation in Vancouver. If someone refuses to comply they may not violate any laws but is it in some ways similar to talking loudly or having a phone on in a movie theater?

KudzuRunner wrote:

If you spit on somebody, you are touching them.

Even by your reasoning he was assaulting - and touching - her because he was breathing on her from the incubated mask when he was threatening her to put on a mask, plus he used words to force the incubated germs out from his mask toward her. That's your reasoning not mine.

I already said she was wrong to split on him, but he's the one who started it. If he hadn't been attacking her she wouldn't even have known he was there, but he wouldn't stop and he kept being more and more aggressive and threatening toward her.

testosteronedoesit wrote:

You can’t go around spitting on folks. That is a great way to catch a communicable disease. Throwing her off the bus was justified self defense.

I agree with that . He should have escalated it on the street .

He didn't assult her. He was mean to her by calling her disgusting. Nothing illegal up to this point.

She proceeded to assault him by sitting (Section 266 CC). He also assaults her by shoving her out the door (either Section 266 CC or 267(b) CC depending on the extent of her injury).

There is no making the offender pay the victims medical expenses, this is Canada your Healthcare is covered by your taxes.

They will probably both get charged. As for jail time I doubt it unless either one is a repeat offender.

All criminal law is federal in Canada-

He didn't threaten her as you explained to our unenlightened readers. Utter Threats is Sec. 264.1 and his words don't even come close to meeting the elements set out in the code. Criminal Harrassment is Sec. 264 and I would say its a stretch to apply it in this circumstance as it's usually used for repeat behavior/stalking.

S. 266 covers any assult where a weapon is not used nor significant injury suffered

S. 267(b) - Assault Causing Bodily Harm

S. 268 Aggravated Assault - extreme injury or maiming. (Don't think this applies).

The mask mandate would likely be enforced under a city bylaw and a ticket/fine would be the remedy.

If she was physically unable to work she could sue him for lost work time. If her job fired her because of her poor behavior that would probably tank the case though (fired without cause - severance pay would have to be paid out). As I posted above- unlikely anyone is going to jail unless they have a related criminal record.

advising someone to comply with the law or a bye law is probably a civic or ethical duty.

advising the person a reason for the law or bye law 'its disgusting' is possibly inflammatory', but she probably wouldnt understand a medical or legal argument, so its not an unreasonable position, and may be seen as a concise summary.

Spitting on someone in any time is an offence in many sensible jurisdictions. He should have of course called the police and have her arrested, but no judge is going to prosecute him for taking the next most sensible action, which is remove her from his vicintiy. the bus wasnt moving so she wasnt recklessly endangered at all.

In a pandemic, spitting is clearly a higher order, he could probably sue her for plenty.

I support anyone's right to ave a pro or anti mask position, but not to break the law.

Pandemics are used to Control populations wrote:

KudzuRunner wrote:

If you spit on somebody, you are touching them.

Even by your reasoning he was assaulting - and touching - her because he was breathing on her from the incubated mask when he was threatening her to put on a mask, plus he used words to force the incubated germs out from his mask toward her. That's your reasoning not mine.

I already said she was wrong to split on him, but he's the one who started it. If he hadn't been attacking her she wouldn't even have known he was there, but he wouldn't stop and he kept being more and more aggressive and threatening toward her.

What?

If someone is in the same room as someone else breathing they are not assaulting them.

If someone is speaking to someone in the same room they are not assaulting them.

There are no laws against breathing.

If that is your logic you need to rethink it because it just makes people laugh (assault people obviously). If you genuinely think BREATHING is assault you need to get help. It is very evident you do not think that though and neither does anyone else, so using it as an example helps no one.

Spitting on someone is assault. I would probably rather be hit than spat on actually. If someone spat on me I would retaliate unless it was obvious they could cause severe medical damage to me.

They are investigating

https://bc.ctvnews.ca/transit-police-investigating-video-of-maskless-woman-spitting-on-bus-passenger-1.5157116

it is pretty apparent that she has done this before. She unloaded on him like it was her job.

Then how can some municipalities enforce mask mandates? You are saying that breathing on someone is perfectly legal.