Mr. Speaker, I rise on behalf of the Progressive Conservative Party to speak to a bill introduced in the House to amend the Criminal Code and the Interpretation Act, specifically referring to the powers of arrest to enter into a dwelling house.
A key objective of Bill C-16 is to provide police across the country with the power to enter a home and effect an arrest of an individual. This came about as a result of The Queen v. Feeney case in the Supreme Court of Canada on May 22, 1997. In the delivery of the decision in The Queen v. Feeney the court ruled that as a general rule police require a warrant to enter a private dwelling to effect an arrest.
This decision overturned a longstanding existing string of case law that did not require police to obtain a warrant to enter a home in arresting an individual if that police officer had reasonable and probable grounds to effect that arrest or, prior to entering the home, indicated in the presence of the accused that the authority and reason for entry was part of the normal process.
The Supreme Court of Canada found that in this situation the privacy of Canadians under the charter was not adequately protected.
The charter has been given broad interpretation by our courts and in this instance the police have been curtailed in their ability to carry out their duties as it refers to arrest. No doubt this ruling causes great concern among the police community and victims' organizations that public safety may be put at risk in certain circumstances as a consequence of the delay required to obtain a warrant.
Many members have spoken concerning this bill. I listened with great interest to the comments of the opposition parties as well as the government. There are various perspectives that have significant bearing on the issue.
One of the concerns I have is the issue of hot pursuit in a situation where a person suspected of a serious criminal offence is being pursued into a residence or business and the ability of police officers to carry out their duties by effecting an arrest. There are also concerns that tie into that with respect to the preservation of evidence and the overall issue of protection of the public through preventive measures that police officers are charged with in their daily duties.
The attorney general of British Columbia joined with other provinces and the federal government and successfully applied to the Supreme Court of Canada to suspend the judgment that was issued in Feeney for a period of six months to give Parliament the time needed to address the effects of this ruling and to fill the void left by The Queen v. Feeney.
In the meantime, police feel they are in limbo on this issue and are anxiously awaiting definitive direction and action to be taken by the government.
Today we are looking at the government's response to the supreme court decision. I acknowledge in essence—and I want to put this clearly on the record—that it is a positive position the government has taken on this decision. It is the government's attempt to fill the gap left by The Queen v. Feeney case. However I want to put comments forward with respect to the bill and I say again that I support it in principle.
The Feeney decision could not be left to stand, lest effective law enforcement, including the arresting of individuals committing crimes would be jeopardized with the existing situation were it left as it is.
Before going into the substantive effect of the bill, I would point out to the House and to the government, with the greatest respect, one of my concerns. The government's response was somewhat slow to the situation and the timeframe that was allotted by the supreme court. Six months is certainly sufficient time to respond. Obviously the country went through a federal election in that time but the business of the day has to be carried out regardless of the fact that the country is going through an election. I would suggest that a matter that is certainly of significant importance to the law enforcement community could be addressed within that time period.
In a press release dated October 30, 1997, the Minister of Justice is quoted as saying that the bill “strikes a reasonable balance between the powers available to the police to protect their safety and the privacy rights of Canadians”.
I am pleased to hear this pronouncement and this assessment by the minister regarding the legislation. However considering the fundamental implications of Bill C-16, and those implications on the rights of individual Canadians, I hope that the minister will take into account the need for the justice committee to properly and openly discuss the impact of the bill. All indications are that this will be moving to the justice committee this week. I am encouraged by that.
To be quite frank, I am unsure that this House has enough time left, with 11 sitting days, both to pass the legislation and fulfil the commitment to Canadians to act thoughtfully and responsibly with their best interests in mind. However, we are used to working under pressure in trying to respond quickly and I am pleased to say that we are going to endeavour to do this with the time allotment we have.
It is my position that this bill should be carefully studied at the committee level. That is why I raise the issue of delay. I know that the minister and her officials are prepared to hear the response of the opposition parties as well as witnesses at the justice committee level.
Those witnesses I would suggest will include the Canadian Police Association, bar associations throughout the country and crown prosecutors who will be given an opportunity to testify and give their very important and insightful views on the bill and their suggestions on how this bill might be further tightened up.
This is the time and the place to fix this bill and draft legislation that is going to effectively fill the gap left by Feeney and we should try to get it right the first time.
In order for the standing committee on justice to do all of this, the time issue is a factor and I hope we will be successful in our efforts to respond before the deadline of November 22.
By having tabled the bill today and with the debate on second reading, it would be easy to demonstrate to the supreme court that Parliament has already started serious study with respect to the work that has to be done. A suspension could be requested if required and there is precedent for this. It has happened in the past. We may have to make this request should the justice committee have insufficient time or the witnesses not be permitted sufficient time to speak to this issue.
I want to turn briefly to the bill and its objectives. What does this bill do and what should it do? Without any doubt, and I think it is common ground, the first objective should be to help to protect and serve the community. We also have to recognize that the police officers, the rank and file, the individuals with the badges that are on the beat, have to be given assistance when it comes to effecting arrest and carrying out their duties.
Does Bill C-16 do all this? Does it accomplish this and can it be improved? Again, these are questions that members of the justice committee and hopefully those bringing forward testimony are going to help us answer.
I had an opportunity to be involved in a number of cases that included search warrants and individual rights, and the balance that must be struck between the protection of the public and those individual rights was always at issue. Certainly any piece of legislation that addresses issues of arrest where police officers are entering into private dwellings or places of business to effect arrest has to be viewed in a very, very serious light.
Businesses of course enjoy a different degree of privacy than a private dwelling. Certainly the police, as in many of the situations they face on a daily basis, have to be entrusted with the greatest of discretion. We can never ever ignore the fact that police officers are looking for direction from the Criminal Code of Canada and those legislators who have input into the process.
The specific concerns I raised at the outset surrounding hot pursuit are issues which I hope will be the subject of lively discussion at the committee level.
Domestic violence and the need for all police agencies to address this will be better served when the issue is completely ironed out. Police officers are called upon daily to intervene in issues of domestic violence. They must be given the utmost support and assistance if they are to effectively combat this very, very serious problem in our country.
Drug searches are another area where the bill will have an impact. Police officers are facing an epidemic of rampant drug use throughout the country. They must be given the discretion to enter into a dwelling house or areas where drugs are suspected to be housed.
Police are always working in a pressure filled environment and there is more and more attention drawn to police and the job they are entrusted with. In my experience I have seen police exercise very good judgment and act responsibly and lawfully in the majority of instances.
Having said that, the principles that underscore the bill are sound. At present, police officers throughout the country are working under a system which is somewhat cumbersome and ineffective without a substantive position being put forward in the Criminal Code. Some of the proposals in this bill would certainly clarify it and would help the police do their job more expeditiously and would give them the knowledge that they are acting on solid ground.
I would suggest however that the bill needs to be amended or at least tinkered with in some areas. This would include when police officers are seeking an arrest warrant and the authorization to enter into a dwelling house and their ability to tell a judge about a specific residence they want to enter to effect an arrest. This information is not always available. Again it ties into the immediacy of the situation where they may be in pursuit or they may be faced with an emergency situation where they have to act immediately to prevent further injury, to prevent hiding or disposing of evidence. This is something the bill does not address effectively.
True, I certainly acknowledge that it is possible at times to speculate where a suspect may be, but this information is not always predictable. Surely in the public interest the apprehension of a suspected criminal where the police have reasonable and probable grounds to believe that an offence has been committed outweighs the concerns about entering a hideout or a safe house where the criminal may be harbouring the proceeds of crime, drugs or weapons that may have been involved in the offence of which he is accused.
Another concern I have is with respect to the resources available to police officers when it comes to effecting a search warrant. There is really no mention whatsoever in the bill about the availability of justices of the peace or judges with respect to the issuance of such warrants. This I would suggest is a glaring omission. Without the resources it is really nothing more than lip service. If we have a very specific procedure in place as to how a search warrant can be obtained but we do not have the justices or the judges available to sign those warrants and allow the police officers to carry them out, then all is for nought.
Another concern that does arise from the decision itself, and an attempt has been made by Bill C-16 to address it, is the further definition of exigent circumstances which is the language that is used in the majority decision of Feeney. It is not clear, I would suggest, to this point what those exigent circumstances would include. The police I think are looking for further clarification on this.
True to form as in all legislation there are going to be challenges. Certainly the government cannot simply be responsive to the fact that this is going to be challenged and therefore try to anticipate every single charter challenge that may arise but clarification is needed on that definition.
Another point with respect to the listing of multiple dwellings within a search warrant and entry authorizations, the Interpretation Act seems to infer that singular means plural and vice versa within that act as the wording is set out in the current bill. I would suggest that there is still some vagueness surrounding the language as it pertains to multiple listings for residences or hideouts where a suspected criminal may be staking out.
In conclusion, I do want to say that we in the Conservative Party are supportive of this bill. I would also like to indicate that the Minister of Justice has done the right thing in responding in a timely fashion in this sitting of the House, keeping in mind my earlier remarks with respect to the work that has been done thus far to see that the bill is brought to fruition in the House. There is some concern I have in that regard.
The federal government obviously has a huge obligation when it comes to the Criminal Code of Canada. The Minister of Justice is certainly the top dog when it comes to effecting change within the Criminal Code.
I look forward to the opportunity of having a direct impact on the final draft of this bill. I look forward to working with my colleagues in the House to seeing Bill C-16 through to its final conclusion which will hopefully be put forward in a way that it is going to be very effective in ensuring that police officers are permitted to do their job and to help keep the streets in this country safe and sound.