moved:
Motion No. 1
That Bill C-24, in Clause 2, be amended by adding after line 16 on page 4 the following:
““competent judicial authority” means a Judge of any Court in Canada.”
Motion No. 2
That Bill C-24, in Clause 2, be amended by replacing line 34 on page 4 with the following:
“25.2 to 25.4, only after acquiring authorization from a competent judicial authority.”
Madam Speaker, I will begin my remarks by saying that the PC Party views this as a very positive bill. As members know, it is legislation that comes about as a result of the Supreme Court of Canada decision, Regina v Campbell and Shirose. Bill C-24 is meant to remedy an anomaly that resulted from that decision. It left law enforcement officers throughout Canada in the unenviable position of confusion about their ability to, on occasion, act outside the bounds of the criminal code in an effort to infiltrate or to apprehend those engaged in unlawful activity.
Specifically, the legislation is aimed at organized crime, hence the title of the bill itself. It focuses on the neverending efforts of our brave men and women in law enforcement who are faced with the tremendous task of trying to curtail organized crime in Canada. This problem has been exaggerated and exacerbated over the past number of years to the point where many people in communities throughout Canada, but particularly in the province of Quebec, are feeling threatened in their communities and very ill at ease in their homes and in their towns.
The legislation is meant to address the fallout from the Campbell and Shirose decision. It is meant to provide police a level of immunity from prosecution for acting in their capacity as law enforcement officers, but allowing them to, on occasion, transgress the law. There are certain limitations that have been placed upon that, such as serious crimes involving sexual assault, bodily harm and murder. These are obviously the types of offences that would be completely out of bounds when it comes to police officers acting in the line of duty.
There are certainly exceptional cases. The case can be made where police officers must demonstrate to potential gang activity and those engaged in unlawful gang activity that they are part of that gang. They must demonstrate that they are prepared, given certain circumstances, to break the law in order to ingratiate themselves or get into the club so they might infiltrate and gain information by attaining the trust of those who are involved in this nefarious activity in the hope of bringing them to justice. The police, by doing this, hope to collect evidence that will eventually lead to prosecution.
The bill in its current form grants police officers this special designation that allows them to transgress the law. That discretion or authority is now vested in the police, albeit through superior officers, and in some instances attorneys general. In some instances there is reference to the solicitor general being the top minister in the department.
That is fine and dandy. However, in terms of direct accountability, knowledge and discretion over who should be immune from prosecution and who should receive this special designation, it is my submission and earnest suggestion that the competent authority be a judicial authority. Simply put, it should be a judge. Judges understand the law and could make learned and competent decisions as to who should be granted these very special powers.
I have worked in the justice system and have a great deal of respect and admiration for our police. However we all know that there have been instances, sadly, where police officers have gone outside their duties and have in some instances undermined public confidence.
I strenuously suggest that for the new system and the new law to take effect, win public confidence and operate in a smooth and satisfactory way, judges should be granted the discretion to make decisions as to who is granted immunity. That would be a much more practical and professional way to go about it and would be very much in keeping with current practice as it pertains to wiretaps and to warrants for search and seizure.
Once the designation is made there would be a greater level of accountability and review. As contemplated in the legislation, the designation would be for an indeterminate period. However, that is not to say that no supervision or checks and balances would be in place or that reports would not be made to those in authority.
I again strongly suggest that it would make greater sense and be more consistent with our current legal practices to have the judiciary make the designations. Judges in Canada practise criminal law daily and are aware of recent developments in the law and of the practices that take place in courtrooms across the land. They should have the power vested in them. That is the direction in which we should be going with the legislation. That is the sole purpose behind the amendment.
There have been quite animated discussions along this line at committee level. I would go so far as to say it was one of the most productive committee hearings I have had the pleasure to take part in during my short tenure here in Ottawa. There was a full and open exchange of ideas. Members of parliament were fully engaged in the debate as to where this very special, extraordinary power should rest.
The special designation granting this form of immunity would not apply only to organized crime. That may come as a surprise to many, given the title of the bill and the intent of the legislation as it was presented and sold to the general public.
The designated special power would apply to police officers deemed immune from prosecution in their efforts to infiltrate organized crime. It would apply to their general practice of law enforcement; that is to say, they would be given powers that used to exist under common law. There was, after the fact obviously, a judicial examination of those acts and those actions on the part of police.
Once the designation is made, subject to the amendment being accepted by a judge for a police officer or superior officer, or a provincial attorney general in the case of municipal or provincial police forces, it would not be for the sole purpose of dealing with organized crime. That must fully be understood by the Canadian public. Police officers would return, subject to the legislation passing, to having discretion in the field to act in emergency situations.
That is what the legislation is intended to do. It is intended to correct the fallout and the upshot from the supreme court decision which threw into disarray the understanding of police officers as to what they could do in a given circumstance.
It goes without saying that police often find themselves in dangerous situations where they must make split second decisions as to their actions. They must apply force but within reason. They must on occasion enter premises. The practice has always been to use reason and a certain discretion as to how much force they should apply and how much of a transgression of the law they should embark upon.
However, given the size, scope and breadth of Canada and the many rural communities that exist, it is virtually impossible for police officers on every occasion and in every instance to receive prior judicial authorization when contemplating whether to enter a premise or take a vehicle or other property that may not belong to them.
All of this is aimed at allowing police officers to carry out their very important role of protecting the public. The amendment is aimed at putting a balance in place so that checks will exist to allow judges the opportunity to intervene and make a proper designation and thereby allow police to act appropriately.