Bill C-576 (Historical)

An Act to amend the Criminal Code (personating peace officer)

This enactment amends the Criminal Code to establish that personating a police officer for the purpose of committing another offence shall be considered by a court to be an aggravating circumstance for sentencing purposes.

Criminal Code

[Robert Goguen, Conservative, Parliamentary Secretary to the Minister of Justice]

Mr. Speaker, I am pleased to speak today in support of Bill C-444, an act to amend the Criminal Code (personating peace officer or public officer).

The bill is basically identical to the previous bill, Bill C-576, which died on the order paper when the last Parliament ended.

Bill C-444 was reported without amendment from the House of Commons Standing Committee on Justice and Human Rights on April 24, 2013.

The bill deals with the existing offence of personating a peace officer or public officer. Specifically it would make it an aggravating factor on sentencing if the offence of personating a peace officer or public officer was committed for the purpose of facilitating another offence.

Prior to 2009, pretending to be a peace officer or public officer was a straightforward summary conviction offence. At that time it carried a maximum of six months in prison, a maximum fine of $5,000 or both.

In 2009, this government hybridized the offence and increased the penalty to a maximum of five years when prosecuted on indictment, in former Bill S-4, also known as the identity theft bill. That legislation came into force on January 8, 2010.

The maximum sentence of five years reflects the fact that the offence only requires that a person pretend to be a peace officer or public officer. It does not require that they have a specific malicious purpose for doing so or that they accomplish something malicious by doing so.

Some people may impersonate the police for the thrill of feeling powerful or for other relatively minor objectives, such as obtaining information or gaining access to a place. Simply pretending to be a peace officer or public officer so that others may believe that person is in fact one, without any other motive, is enough to result in a conviction. Such cases may still be dealt with by way of summary conviction proceedings, based on the Crown prosecutor's assessment of all the relevant circumstances.

However, the five-year maximum penalty enacted in 2010 ensures that law enforcement and Crown prosecutors have the tools to appropriately address serious incidents of this behaviour, preserving public confidence in our peace officers and public officers.

Police personation can be closely associated with other offences. It can, in fact, be used as a tool to make the commission of other offences easier. Because we live in a society where most citizens are trusting of the police, members of the public may acquiesce to the authority of someone they believe to be a police officer or a public officer. The exploitation of citizens' trust in the police demonstrated by this kind of situation is the most troubling form of offence. It is especially deserving of condemnation by sentencing courts, as well as by Parliament.

This is precisely the situation that Bill C-444 targets. Bill C-444 would make it a mandatory aggravating factor on sentencing for the crime of personating a peace officer or public officer if the offence was committed for the purpose of facilitating the commission of another offence. It is frightening even to imagine how people could be influenced to comply with directions or the assertion of authority by someone they believed to be a police officer.

We are taught from our earliest interactions with our parents and teachers that police officers are safe persons we can rely on, especially in difficult or dangerous situations. It is thus not surprising that the vast majority of Canadians instinctively respect police officers' authority and follow their instructions, as we rightfully believe they are acting to keep us safe.

When criminals take advantage of this trust to defraud us or worse, that bond is jeopardized. This not only causes a great deal of anguish for individual survivors of these offences but also acts to make it more difficult for police officers or public officers to do their jobs effectively and keep our communities safe. Fortunately this is a rare occurrence, but its extreme seriousness can justify express condemnation in the Criminal Code.

It is also important to recall that in determining a fit sentence, the court must in all cases take into account all relevant aggravating and mitigating factors. Paragraph 718.2(a) of the Criminal Code describes a number of aggravating factors that apply to all offences. These include, for instance, evidence that the offender, in committing the offence, abused a position of trust or authority in relation to the victim. However in addition to these factors that are specifically listed, the sentencing court always retains discretion to determine if additional circumstances revealed by the evidence are aggravating or mitigating factors that should affect the sentence.

It is already the case in our law that a sentencing judge can take into account the aggravating nature of this form of police personation. What Bill C-444 would do is essentially codify this practice in the context of the criminal law.

Bill C-444 merits support because it addresses a truly horrific form of criminality which has so many negative consequences on the public at large, on the ability of the police to carry out their functions, and especially on any individuals whose trust in public institutions and authorities was used against them to facilitate their victimization. There have been a number of incidents of this form of conduct reported in the papers in the last few years. Just this past April it appeared that at least two more incidents of personating peace officers have occurred.

In Calgary there are recent media reports that a man driving a silver sedan with unauthorized red and blue lights pulled over two vehicles, scaring the innocent drivers. Fortunately, the victims realized that something was not right about the impostor and got in contact with the real authorities to report the situation. Luckily, nobody was harmed. However, this act has surely shaken Canadians' trust and their belief in who is or is not a police officer.

On the east coast, the Halifax Chronicle Herald reported criminals had been personating local police officers via telephone in order to fraudulently solicit donations for a bogus charity. The scam artists claimed that they were police officers fundraising to help combat youth suicide. This disgraceful conduct not only preys on generous citizens, but also makes it more difficult for real officers to give back to their communities through legitimate fundraising activities, which is a long-standing tradition in police services across our country.

Of course, there was the tragic case in the sponsoring member's riding, which saw a devastating abduction and sexual assault of a teenage girl near Penhold, Alberta. This incident clearly influenced the proponent's decision to bring this legislation forward.

During the most recent committee study of the bill, members heard the courageous testimony of the survivor of that offence as well as that of her mother. I applaud the immense strength of that young woman's courage to travel to Ottawa and assist the committee by sharing her story with members of Parliament as well as with all Canadians. She rightly explained to the committee that there should never be shame or stigma in reporting or speaking out against sexual violence.

By passing this legislation we would send a clear message that the courts must give serious weight during sentencing to the enduring harm that is caused when criminals personate police officers or public officers for the purpose of committing other criminal acts, including sexual assault and kidnapping.

All Canadians should be concerned about these cases and should be encouraged to take the appropriate steps to avoid being duped by this very deceptive form of criminality. In particular, citizens should continue to trust the police but they should also recognize that criminals are not above exploiting their trust.

It is a difficult balance to achieve. The exercise of a bit of caution is a good thing. It is reasonable to ask to see the badges of individuals who appears to be police officers, especially if being requested to go with them or to allow them to enter the premises, or if they appear to be soliciting donations. This kind of verification process must be done respectfully and cautiously. If an impostor flees when asked for identification, immediately call 911, report the incident and attempt to provide an accurate description of the person and any associated vehicle while the encounter is still fresh in memory.

We as parliamentarians can help educate and inform Canadians about these risks, which many may be unaware of. In terms of Bill C-444, we can also vote to support this legislation and express our unified condemnation of those who would use our best natures as citizens against us.

I hope all members will join me in supporting this worthwhile legislation.

[Alex Atamanenko, NDP, British Columbia Southern Interior, BC]

Mr. Speaker, this is a good bill. I would like to thank my colleague, the member for Red Deer, for tabling this piece of legislation. It is identical to Bill C-576, which he tabled in the 40th Parliament and at that time was supported unanimously at second reading. I will beg his forgiveness if I repeat a lot of the information that was already said, but when we are supporting a good bill, there is nothing wrong with repeating the good points about it.

It is my understanding that the bill is a response to a very tragic incident in Red Deer, where a young girl was sexually assaulted by a man disguised as a police officer. Our society should not have to tolerate this kind of abuse of trust. We need to ensure that our citizens can turn to police officers and other public officials when in need and feel safe in doing so. We see in other countries where criminals disguise themselves as police officers in order to commit crimes, many of them very violent crimes against unsuspecting citizens. We cannot allow this to take place in our country.

Bill C-444 amends section 130 of the Criminal Code to establish that personating a police officer or a public officer for the purpose of committing another offence must be considered by a court to be an aggravating circumstance for sentencing purposes.

This is not a very common offence, but the Criminal Code must be amended all the same. We recognize that this offence is not only an attack on its victims, but it also represents an abuse of the institutions in our society that Canadians must be able to trust. Considering false representation as an aggravating factor instead of proposing a minimum sentence allows us to support this bill, because it respects the victim and judicial independence, and punishes the offender appropriately.

We believe that justice for victims is important and we are pleased to have been able to work with the government on this bill. It is not often that we are able to work with the government so closely, and so I am pleased that we were able to do so on this.

As I already said, this bill comes as a result of an incident that happened in Red Deer when a poor young woman was sexually assaulted by a man who had disguised himself as a police officer and had put fake flashing lights on his car. The assailant is now in prison after being sentenced to 18 years, including an additional six months for impersonating a law enforcement officer. My colleague, the hon. member for Red Deer, described this as the equivalent of committing a crime with a weapon, because the victim is forced to submit to a false authority who is committing a violent act.

This bill says nothing about a minimum sentence. Allowing judges discretionary power is very important.

We will therefore support this bill at all stages, as we planned to do for its predecessor in the previous Parliament. We on this side of the House recognize that this type of crime is not only a horrible attack on the victim, but also an usurpation of the power of the forces of law and order, which is very serious. By pretending to represent institutions that Canadians trust and obey, criminals are attacking society as a whole.

This bill will formally codify this offence and achieve justice for those who have been victims of such crimes.

New Democrats are satisfied with this bill, which will fill a void in the Criminal Code. This bill will ensure justice for victims, respect for judicial independence and suitable punishment for offenders.

We agree with my colleague and his party on this bill. It models a logical and balanced approach to justice, and we are happy to support it. I think this is an excellent example for democracy.

Once again, I would like to congratulate my colleague from Red Deer for his hard work and for introducing this bill again.

[Pierre Jacob, NDP, Brome—Missisquoi, QC]

Mr. Speaker, I am pleased to rise today to speak to Bill C-444, introduced by the hon. member for Red Deer.

This bill would amend the Criminal Code to establish that personating a peace officer or public officer for the purpose of committing an offence must be considered by a judge to be an aggravating circumstance for sentencing purposes.

This bill is a good, balanced response to this real problem, and I support it at second reading.

It reproduces what was in Bill C-576, which died on the order paper during the 40th Parliament, and it adds the notion of personating a public officer.

The purpose of this bill is to sanction such actions. I commend my hon. colleague from Red Deer who worked on this issue. During previous debates, he mentioned a number of sad stories from across the country in which criminals have used this scheme to commit offences ranging from theft to forcible confinement.

The hon. member for Red Deer also mentioned the fact that Canadians' trust in peace and public officers must be protected. He said in the House:

By supporting the bill, we are also helping to preserve the trust and respect that citizens have for real, bona fide police officers. When citizens see a police uniform, they naturally trust and respect the authority that comes with it. Our laws must reflect this reality.

The Parliamentary Secretary to the Minister of Justice clearly explained the importance of this relationship of trust, and the bill seeks to strengthen that relationship between citizens and police officers.

I would also like to comment briefly on the reservations the hon. member for Mount Royal has about this bill.

Although he agrees with the objective and supports the bill, the hon. member doubts that the bill will have the desired effect, namely, of making it possible to impose longer prison sentences. He also mentioned the efficacy of the deterrent effect of longer prison terms. This is a very interesting debate, and I will have the pleasure of talking to him more about it when this bill is sent to committee.

We must recognize that, for once, a bill that amends the Criminal Code is a good thing.

There is no reference to minimum sentences, the independence of the justice system is not being challenged and respect for victims is being made a priority. These things do not happen often enough in this Parliament, and it is important to point it out.

Too often, the Conservatives do not take a logical approach to justice, and I always criticize bills that are sent to the Standing Committee on Justice and Human Rights that either seriously undermine judicial independence or add standards to the Criminal Code that weaken its legal logic.

I would like to commend the hon. member who worked long and hard on this issue and introduced this bill on September 27. I will vote in favour of it.

I would like to come back to the valid statements made by the hon. member for Mount Royal, who brought up some things to think about as we work to solve this rather uncommon problem of personating a peace officer or public officer.

The hon. member brought up the problem of access to police uniforms and equipment. It is true that that is a concern. Restricting access to this sort of clothing and other equipment could be worth looking into.

My hon. colleague also suggested that there be a campaign to raise awareness about police identity cards. These are two interesting possibilities that in no way diminish the merits of the bill. I would like to talk about another point that the bill sheds light on, the fact that people have lost trust in our police institutions.

The member for Red Deer insisted that this was something he thought about when drafting his bill. Therefore, it is essential that people who are approached by police officers for whatever reason know who they are dealing with.

I will come back to my colleague's comments, which echo the member for Mount Royal's suggestion concerning badges, which could be explored:

This is an opportunity to encourage people to think about why they are being stopped, to make sure they ask to see a badge and look for the number. The police are prepared to do that. When I spoke with police officers they said it was common practice. I know a lot of times we think that if we ask for the number, it will cause more concern, but that certainly was not an issue in my discussions with the members I spoke with.

This quote shows that some people are intimidated by the police and do not dare make this legitimate request. The bill brings this out into the open.

I would also like to congratulate my colleague from Gatineau, who provided a good explanation of how the judge and crown prosecutor determine the sentence when the offence is punishable by indictment or by summary conviction.

In closing, I would like to recognize the work of the member for Red Deer and give him my full support for his bill, because it respects the victim and also the independence of the judiciary, and provides appropriate punishment for the offender. This is a well thought out and balanced approach. If a similar approach is taken again, I would be happy to collaborate.

[Kerry-Lynne Findlay, Conservative, Parliamentary Secretary to the Minister of Justice]

Mr. Speaker, I am pleased to speak today to Bill C-444, an act to amend the Criminal Code (personating peace officer or public officer). The bill was introduced by the member for Red Deer and is virtually identical to former Bill C-576. The only difference is that in Bill C-444 the aggravating factor applies to personation of a public officer as well as a peace officer. Former Bill C-576 was approved by the members of this chamber at second reading and was subsequently also adopted by the Standing Committee on Justice and Human Rights without amendment before dying on the order paper.

Bill C-444 is a simple and straightforward bill with only one provision. It would make it a mandatory aggravating factor on sentencing for the crime of personating a peace officer or a public officer, if the offence was committed for the purpose of facilitating the commission of another offence. As I will shortly explain, the purpose of personating a peace officer or a public officer in order to facilitate the commission of another crime is not an essential feature of the offence for reasons that will become obvious.

Let me begin with the offence itself. Section 130 makes it a crime to personate a peace officer or a public officer. This offence is punishable by up to five years in prison. A person can commit this offence in one of two ways. The first way is if people falsely represent themselves as peace officers or public officers. The word “falsely” means obviously that people only commit the offence if they do not in fact hold the office they pretend to hold. The offence has been interpreted to require that people intentionally misrepresented themselves to someone as if they did in fact hold such an office. There will have to be some evidence that the person deliberately tried to deceive another person about his or her status as a peace officer or a public officer.

The second way people can commit the offence is when they use a badge or other uniform article or equipment in a manner likely to cause others to believe that they are peace officers or public officers. Once again, of course, a person can only commit the offence in this way if he or she is not a peace officer or a public officer. As well, it is clear that there has to be some evidence that the use of the equipment or badge was likely to deceive the public or a person.

Whichever way the offence is committed, two things are clear. First is the harmful nature of this conduct. The very fact that people who have certain functions wear uniforms and use badges and other identifying equipment is testament to the importance of ensuring that the public is able to identify them as people who have those functions.

Some professions require the use of a uniform for a variety of reasons. The uniform is intended, in part, to provide visual proof that the person wearing it belongs to a particular group. This has several beneficial aspects. When people know they are in the presence of a law enforcement officer, their behaviour may change. Not only does the uniform alert potential criminals that law enforcement is present, but it also alerts law-abiding citizens to the same. When citizens need help, they may scan the area for the distinctive uniform of a police officer. When drivers approach an intersection or roadway that is occupied by a person in a police uniform, they typically submit to that person's hand directions without question or delay.

Many parents teach their children to respect and trust a person in a police uniform. The overriding message the uniform sends to law-abiding citizens is that such an individual can be trusted and that is precisely how the problem of police personation arises. It is that natural trust, ordinarily well-founded, that can be exploited and abused by criminals for their own purposes.

[Robert Goguen, Conservative, Parliamentary Secretary to the Minister of Justice]

Mr. Speaker, I am pleased to be here today to participate in the debate on Bill C-444, which has to do with personating a peace officer or public officer.

This bill is nearly identical to the former Bill C-576, which died on the order paper during the previous Parliament. Bill C-576 made it to second reading and was passed by the Standing Committee on Justice and Human Rights.

The bill has to do with the existing offence of personating a peace officer or public officer. More specifically, it suggests that the fact that an individual personated a peace officer or public officer for the purpose of facilitating the commission of another offence should be considered an aggravating circumstance during sentencing. The only difference between the two bills is that the current bill also includes the term “public officer”.

Personating a peace officer or public officer is a hybrid offence punishable under indictment by a maximum of five years in prison. Before 2009, this offence was only a summary conviction offence. At the time, it was punishable by a maximum of six months in prison or a maximum fine of $5,000, or both. It was obviously not considered to be a very serious offence.

In 2009, our government changed this offence to a hybrid offence and increased the maximum prison term to five years in the former Bill S-4, the identity theft bill, which came into force on January 10, 2010.

The five-year maximum prison term takes into account the fact that the offence requires only that we establish that the accused personated a peace officer or public officer. There is no requirement that there be malicious intent to specifically do so or that something malicious be accomplished in doing so.

Some individuals may decide to personate a police officer, for example, simply to feel powerful or as a way to do something else that may or may not be serious, such as getting information or gaining access to a location. Personating a peace officer or a public officer so that others believe that one really is such an officer can, in itself, lead to a conviction. No other evidence is required.

In a few instances, personating a police officer or a public officer will be directly associated with other offences. It is a way to enable the commission of other crimes. Since most people in our society have faith in the police and in other public institutions, they may, because of that faith, submit to the authority of an individual they believe to be a peace officer or a public officer.

Cases where people's trust in police and public officers is abused are very troubling. They must be condemned by sentencing courts and by Parliament. Bill C-444 addresses these cases. The bill would require that personating a peace officer or a public officer for the purpose of committing another offence be considered by a court to be an aggravating circumstance for sentencing purposes.

We could think of many situations where someone would voluntarily get into a police officer's vehicle, or let an officer into their home, before realizing that this person actually means them harm. Such cases are rare, fortunately. However, they are extremely serious, which justifies including them specifically in the Criminal Code.

It is also important to recall that in determining a fit sentence, the court must in all cases take into account all relevant aggravating and mitigating factors. Paragraph 718.2(a) of the Criminal Code describes a number of aggravating factors that apply to all offences. These include, for instance, evidence that the offender, in committing the offence, abused a position of trust or authority in relation to the victim. But in addition to these factors which are specifically listed, the sentencing court always retains discretion to determine if additional circumstances revealed by the evidence are aggravating or mitigating factors that should affect the sentence.

It is already the case that a sentencing judge can take into account the aggravated nature of this form of police or public officer personation. What Bill C-444 does is essentially codify this practice in the text of the law.

Bill C-444 deserves serious consideration in this House because it addresses a truly horrific form of criminality which has so many negative consequences on the public at large, on the ability of police to carry out their functions, and especially on any individuals whose trust in public institutions and authorities was used against them to facilitate their victimization.

While this form of conduct continues to be rare in this country, there have been a number of incidents reported in the media in the last few years. One case involved drivers being stopped by a police impersonator and requested to pay immediately for an alleged speeding offence. Another case involved motorists who were followed after leaving a casino, and then pulled over and robbed of their winnings. There have also been profoundly disturbing cases involving police personation so as to get someone into a car to facilitate their kidnapping.

There was the tragic and devastating incident involving the kidnapping and sexual assault of a teenager in the riding of Red Deer, the riding of the member who is sponsoring this bill. No doubt, this incident is what prompted him to introduce this bill.

All Canadians should be aware that such things can happen and should be encouraged to be vigilant. Citizens should trust the police, but they should also recognize that criminals are not above exploiting that trust. It is a difficult balance to achieve. The exercise of a little bit of caution is a good thing. It is reasonable to ask to see the badge of someone who appears to be a police officer, especially if you are being asked to go with them or to allow them to enter your premises. This kind of verification process must be done respectfully and cautiously.

As Parliamentarians, we can help educate and inform Canadians about these risks. That is exactly what the debate on Bill C-444 is allowing us to do.

Justice and Human Rights

[Ed Fast, Conservative, Abbotsford, BC]

Mr. Speaker, I have the honour to present, in both official languages, the 14th report of the Standing Committee on Justice and Human Rights.

In accordance with the order of reference of Wednesday, February 9, 2011, the committee has considered Bill C-576, An Act to amend the Criminal Code (personating peace officer) and agreed on Wednesday, March 2, 2011, to report it without amendment.