Justice committee  But it's also important to be clear that the criminal justice section is made up of both people who practise criminal defence work and prosecutors. It is at that starting point that the position goes forward, and has gone forward with agreement.

Justice committee  Nobody has complained to me, but at the same time I am here today on behalf of the CBA voicing these concerns.

Justice committee  Once again, one of the difficulties is that there is simply an absence of data. I can tell you that I'm aware of some cases in British Columbia--which have not yet been before the courts, but will be before the courts--in which this provision was utilized by the police. It's before the courts, so no further comment is appropriate, but that might be the first full airing of at least a single instance in which this provision has been used, and it presumably will be informative in the sense of informing the public and members of the legal profession about how these provisions were interpreted and applied in one particular investigation.

Justice committee  There are many judges in many provinces. I do not understand that they are presently unable to attend to search warrants and wiretap authorizations. I am certain that they would be able to attend to applications of this sort.

Justice committee  Ms. Thomson will answer this question; it's a procedural question.

Justice committee  After your answer, I would like to make an answer with respect to the issue of the chain of command, if I may.

Justice committee  I would make a brief answer to the question with respect to the chain of command. The chain of command does not answer the important issues. A police agency that has vested resources in a particular investigation may be particularly poorly suited to make important decisions with respect to whether or not proper balances have been met.

Justice committee  I don't know if I'm in a good position to recall the arguments, or at least I don't recall any convincing arguments to the contrary.

Justice committee  I don't think so. It is tried and it is a requirement that is used every day in provinces and territories in this country, and it does not interfere with policing. Telewarrants, for example, are one provision where attending before a judicial officer is impractical. And again, I go back to the types of investigations where many of these provisions might be relied upon.

Justice committee  I would simply add that the provisions in the Criminal Code recognize the need for confidentiality. There are provisions for sealing documents that are used in support of warrants to search, or wiretap authorizations, so those documents remain confidential and under the protection of a court and are unavailable until somebody applies to unseal them.

Justice committee  If that's correct, that certain techniques of this sort have to be there, then it is much, much better that it be codified, rather than having techniques decided upon by police officers on the spur of the moment or on an ad hoc basis. That is certainly so, and this is clearly an attempt to codify it.

Justice committee  Firstly, the statutory language is “annual report.” It should be an absolute requirement that an annual report be tabled by a specified date, or in its absence there should be some good justification for failing to meet that date. Accountability requires at least that—compliance with statutory language of an annual report.

Justice committee  Has the Canadian Bar Association received any complaints? Well, the Canadian Bar Association expressed the concerns it did with respect to the previous bill and the Canadian Bar Association has seen fit to be here today. More importantly, though, the instances in which the provisions have been used have not been before the courts and in that way have not been made public, to our knowledge.

Justice committee  Thank you. The Canadian Bar Association recognizes the public interest in having well-funded law enforcement. The Canadian Bar Association recognizes the importance of public safety. However, the Canadian Bar Association also recognizes the critical importance and fundamental importance of the respect for constitutional rights and the rule of law.