I'm very pleased to be given this opportunity to share my perspective on Bill C-309. In short, I think this is a progressive, measured, and responsible step towards giving the police agencies the legislative tools we need to uphold the law and maintain public safety.
Having served in the RCMP, as chief constable of the Vancouver Police, and now as chief of the Victoria Police Department, I have personally experienced situations, during my 43-year career, in which this legislation would have been helpful.
Civil disturbances happen from time to time, and I'm sure they will continue to occur. But what is most concerning is when these disturbances become something worse, something more nefarious. Often the disturbance deteriorates into a violent riot because of the actions of a very few people. Indeed, over the past few decades a common pattern has emerged relating to how and why riots occur.
Typically, at a certain point people within protests or assemblies don masks and other facial coverings and begin vandalizing property, hurling objects, and sometimes assaulting police officers and bystanders. Property damage is often significant, and more importantly, people can be hurt or killed. Police agencies are deployed to restore order, but the identification of those committing criminal acts is always a challenge. This is doubly difficult when they wear masks to conceal their identities.
This strategy has been adopted on a global basis among like-minded protesters, who use the same tactics of concealing their identity, committing unlawful acts, and then shedding masks and facial coverings to blend in with the larger group of lawful citizens. In my experience, these ringleaders disguise themselves so that they can conduct their illegal activities in anonymity and with impunity. This legislation would change that in Canada.
It's important to remember that we would not be alone in taking steps to counter these rioting tactics. Many other jurisdictions have implemented legislation that prohibits or limits the use of facial disguises during protests.
New York State recently had its legislation upheld by the courts, which held that the 1965 anti-mask law furthers the important governmental interest of deterring violence and facilitating the apprehension of wrongdoers who seek to hide their identity.
Similarly, the United Kingdom and France passed legislation in 2001 and 2009 respectively to address similar concerns.
I also think it's important to address some of the criticism that exists on this subject. This falls under two broad topics. The first is the criticism that there's already legislation in effect that makes “disguising with intent” an offence under the Criminal Code. The challenge with this offence is that it demands an almost unattainable standard for effective, proactive policing—it requires the crown to prove the intention to commit one or more specific indictable offences. Although that would allow for the arrest of a masked person who participates in a riot once it has started, it does very little to prevent the riot from occurring in the first place.
In contrast, Bill C-309, by creating a specific offence for wearing a mask while taking part in a riot or unlawful assembly, could allow for a pre-emptive arrest under the “about to commit” sections of the Criminal Code when an agitator “masks up”, as we call it. This would help provide proactive arrest authority to remove these instigators before things get out of control.
The second criticism I've been hearing is that there are concerns regarding the wearing of facial coverings for religious or cultural reasons. I firmly believe that this important factor is adequately addressed in the bill itself. It specifically exempts persons with a lawful excuse for having their faces covered, which would clearly apply to the wearing of religious coverings.
I hope my comments today adequately explain my support of this proposed legislation. I do so unequivocally. I firmly believe that this law would have a tremendous deterrent effect on those considering violence as part of an assembly. I also believe it would better enable the police to prevent riots before they occur, which is the desired outcome for police agencies, business owners, governments, and most importantly, the public that we all serve.
Thank you.