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Justice committee  I will be presenting. Thank you very much. Hello, ladies and gentlemen. I am pleased to be here with you this afternoon. Good afternoon. My name is Raf Souccar. I am the assistant commissioner in charge of federal and international operations for the Royal Canadian Mounted Poli

May 30th, 2006Committee meeting

A/Commr Raf Souccar

Justice committee  Yes, it is, Mr. Chair. If we get into sensitive territory, given that the testimony here will be made public, I would prefer to either refrain from answering it or go in camera.

May 30th, 2006Committee meeting

A/Commr Raf Souccar

Justice committee  I'm very pleased with the legislation. I think it has controls on it that I believe need to be in place. From an RCMP perspective, we've even tightened our policies to a greater extent than the legislation sets out. We've reduced and kept the number of senior officials to three,

May 30th, 2006Committee meeting

A/Commr Raf Souccar

Justice committee  If there's an urgent matter, as a senior official, I can designate him for 48 hours, but even so, I have not had to use this provision to any extent. We like our operations to be planned well in advance in order to have good control of them. But to answer your question, we've had

May 30th, 2006Committee meeting

A/Commr Raf Souccar

Justice committee  Unless Tom wants to jump in, at this point we're very satisfied with the legislation as it stands.

May 30th, 2006Committee meeting

A/Commr Raf Souccar

Justice committee  That's correct. Again, the three-year designation is self-imposed. From that point on, the law says that if it's a designated police officer, the police officer can then commit any act or omission without any approval, really, other than an act that causes bodily harm, violates s

May 30th, 2006Committee meeting

A/Commr Raf Souccar

Justice committee  That's correct. That would be a violation of our policy, but not a violation of the law. We appeared in court before, on one occasion that I recall, because there had been a violation of policy but not a violation of the law, and that did not cause us a problem. Again, the policy

May 30th, 2006Committee meeting

A/Commr Raf Souccar

Justice committee  The first one that comes to mind is the Controlled Drugs and Substances Act. In fact, that's the very act that was put in place after the Campbell and Shirose decision. It allows us to traffic in drugs, to import drugs, to export drugs, and so on. The CDSA is excluded from the la

May 30th, 2006Committee meeting

A/Commr Raf Souccar

Justice committee  The Proceeds of Crime Act, for example; exemption from liability for the arrest of the wrong person; arrest for breach of the peace; use of force to suppress a riot; possession of automobile master key; possession of property obtained by crime; money laundering; proceeds of crime

May 30th, 2006Committee meeting

A/Commr Raf Souccar

Justice committee  Thank you for your question. To my knowledge, as I explained, the justification has been used for pilots, for example, to permit them to...

May 30th, 2006Committee meeting

A/Commr Raf Souccar

Justice committee  That is correct, so that they can fly with the lights off. However, we use these provisions mainly for infiltration operations.

May 30th, 2006Committee meeting

A/Commr Raf Souccar

Justice committee  Yes. If you do not mind, I will continue in English to ensure I'm properly understood. This piece of legislation is actually essential for us to be able to carry out our efforts against organized crime. Members of criminal organizations talk very little on the phone. When they

May 30th, 2006Committee meeting

A/Commr Raf Souccar

Justice committee  Thank you for your question. We used this legislation in the case of biker gangs. Our investigation showed that these individuals are involved in drug trafficking most of the time, and the Controlled Drugs and Substances Act allows us to infiltrate these groups without using sec

May 30th, 2006Committee meeting

A/Commr Raf Souccar

Justice committee  Absolutely not; you're absolutely correct. The disclosure is legislated. Stinchcombe has been very clear. We follow it. The no-go areas, the three things very clearly set out in this piece of legislation that the police cannot do under any circumstance, are pervert the course o

May 30th, 2006Committee meeting

A/Commr Raf Souccar

Justice committee  I now have the second date clear in my mind. The first one was around May of 1999, when the Campbell and Shirose decision was rendered by the Supreme Court of Canada. The second was February 1, 2002, when the law enforcement justification came into force.

May 30th, 2006Committee meeting

A/Commr Raf Souccar