Justice Committee on May 30th, 2006

[A/Commr Raf Souccar]

Yes, I think it's fairly clear what can and cannot be done. As I've indicated before, we take our undercover operations very seriously, in that operational plans are in place and a very strict framework is placed around the undercover operation in terms of the acts or omissions. They're approved in advance.

For the rare case where an undercover operator finds himself or herself in a situation where something needs to be done, there are exigent circumstances in place that can cover, for example, not having received authorization from a senior official. So there are provisions in place to cover that. And of course there are the three things you cannot do under any circumstances, and those things are very, very clear.

[Myron Thompson, Conservative, Wild Rose, AB]

So the plans that you put in place are like the legislation; it must meet the charter test.

[A/Commr Raf Souccar]

Absolutely. In everything we do, we take the charter into consideration.

[Myron Thompson, Conservative, Wild Rose, AB]

Okay.

If this legislation were allowed because it met the charter test, is there anything that causes you concern that would be questioned under the charter?

[A/Commr Raf Souccar]

I don't think it has received a constitutional challenge in court. Like any piece of legislation, it goes through a constitutional assessment prior to being enacted, and this was done with this piece of legislation. We're prepared to go to court and defend it.

[Myron Thompson, Conservative, Wild Rose, AB]

I'm just asking, because you operated many years doing very good things--fighting crime--and one day it wasn't allowed; it didn't meet the charter test. Is there anything that's going to cause that day to occur again? To be perfectly frank, that worries me.

That's a difficult question, and I don't expect you to answer. It's more of a comment. I won't force an answer out of you.

[A/Commr Raf Souccar]

Thank you.

[The Chair, Conservative, Art Hanger]

Thank you, Mr. Thompson.

We will suspend the committee now for one minute.

I would ask that the general public please leave the room.

I might remind the members that what we speak of now will remain in this meeting room. It's a gentle reminder of what “in camera” means.

[Proceedings continue in camera]