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Justice committee In terms of law enforcement, we'd suggest the Canadian Association of Chiefs of Police may be the best avenue to follow. Otherwise, we may be able to help you with the federal agencies that we know are using it and we could undertake to get back to you with a list--unless you hav
May 30th, 2006Committee meeting
A/Commr Raf Souccar
Justice committee In very simple terms, basically the Supreme Court of Canada said that unless Parliament has specifically exempted you from a particular piece of legislation, if it's an offence for you, then it's an offence for me, unless I had been specifically exempted from it in legislation. T
May 30th, 2006Committee meeting
A/Commr Raf Souccar
Justice committee It was challenged. We were relying on common law, precedents, crown immunity, and so on and so forth, and the court said no.
May 30th, 2006Committee meeting
A/Commr Raf Souccar
Justice committee They were accepted, but it wasn't written law. It was accepted by the courts and by all levels of court, until it was challenged in the Campbell and Shirose case.
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
Justice committee Correct.
May 30th, 2006Committee meeting
A/Commr Raf Souccar
Justice committee I don't have any statistics that I can rely on to answer your question, but I can tell you that the number of operations we conducted in that area came to a halt.
May 30th, 2006Committee meeting
A/Commr Raf Souccar
Justice committee That would be a very reasonable conclusion to reach.
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 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