Through the reinstatement of the position of federal security coordinator, FSC, the RCMP has already addressed the need for clear terms of agreement with the executive arm of the government. The FSC serves as a liaison between government representatives and the RCMP members tasked with the planning, implementation and delivery of security measures at major events such as the G-8.
The RCMP policies applicable to major events such as the G-8 meeting have been amended to reflect the five principles put forward by Mr. Hughes. When planning security for a major event the following principles will apply:
a) When the RCMP are performing law enforcement functions, i.e., investigations, arrest and prosecution, they are entirely independent of the federal government and answerable only to the law.
b) When the RCMP are performing their other functions, they are not entirely independent but are accountable to the federal government through the Solicitor General of Canada or such other branch of government as Parliament may authorize.
c) In all situations, the RCMP are accountable to the law and the courts. Even when performing functions that are subject to government direction, officers are required by the RCMP Act to respect and uphold the law at all times.
d) Primary responsibility for establishing security requirements at major events rests with the RCMP. Their conduct will violate the charter if they give inadequate weight to charter rights.
e) An RCMP member acts inappropriately if he or she submits to government direction that is contrary to law. Not even the Solicitor General may direct the RCMP to unjustifiably infringe charter rights, as such direction would be unlawful.