Evidence of meeting #112 for Public Safety and National Security in the 42nd Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was firearm.
A video is available from Parliament.
Conservative
Blaine Calkins Conservative Red Deer—Lacombe, AB
My next question for you deals with warrants.
When the minister was present, I asked specifically if warrants were going to be required for law enforcement officials to enter premises to examine records, based on this whole issue of tracing, and he said that a judicial warrant would be required at all times.
Yet, Ms. Clarke, you suggested right now in front of this committee that a warrant is not required by a chief firearms officer going in to inspect a business. Is that correct?
Counsel, Criminal Law Policy Section, Department of Justice
Let's distinguish between asking for records with regard to an individual for a criminal investigation and the regulatory requirement or the regulatory power of a CFO to enter a business, to investigate, and to ensure that records are being kept in order to comply with the licensing requirements that the business is subject to.
In the course of a normal criminal investigation, Bill C-71 does not provide any additional investigative powers to law enforcement. If there's a criminal investigation under way, the crown and the police would still have to do an assessment of the privacy interests that are at stake. Normally, or very often, this requires a production order, so you go to court. You would have to prove that there are reasonable grounds on which to believe that an offence has been or will be committed, and at that point, you would receive judicial authorization.
With respect to firearms businesses, there is the regulatory power to come in and investigate, to ensure that the records are being kept. If that happens, there could be a charge under section 101 of the Firearms Act, and if in the course of reviewing these records, they come across evidence or suspected evidence that there could have been a criminal offence that may have taken place, then it is no longer a regulatory power. You would have to apply normal standards for criminal investigation.
Liberal
The Chair Liberal John McKay
Thank you, Mr. Calkins.
On behalf of the committee, I want to thank the witnesses.
We are going to suspend and go in camera to receive the report of the subcommittee.
[Proceedings continue in camera]