Date: Fri, 23 Nov 2001 09:53:17 -0600
From: "Breitkreuz, Garry - Assistant 1" 
Subject: Crime bill needs tighter controls, legal groups say

PUBLICATION:  The Ottawa Citizen 
DATE:  2001.11.23 
EDITION:  Final 
SECTION:  News 
PAGE:  A11 
BYLINE:  Janice Manchee 
SOURCE:  The Ottawa Citizen 

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Crime bill needs tighter controls, legal groups say

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A number of lawyers and law associations yesterday added their concerns over
the breadth of the proposed law to fight organized crime. The extension of
police powers, with no third-party monitoring, was a key issue raised by all
organizations at the Senate's legal and constitutional committee meeting.
Under Bill C-24, aimed at toughening laws against organized crime, police
officers and their agents would be permitted to commit illegal acts. 

Heather Perkins-McVey, chairwoman of the national criminal justice section
of the Canadian Bar Association, compared the various levels of police
powers to a a three-layer cookie. 

The lowest level, she said, involves less serious crimes, where the police
could break the law under their own discretion. The middle includes actions
involving serious loss of, or damage to, property and is subject to prior
written authorization by the senior police official. The top layer takes in
serious actions involving intentional bodily harm, death or sexual assault,
for which police officers would face prosecution. 

"Looking at the bill now," she said, "the cookie is all broken up. And, it
appears we have a cookie with a very thick bottom layer. That's where there
are no controls at all." 

This lack of control applies to individuals acting on behalf of the police,
which could include informants. 

"These may be individuals with no special allegiance to a law-and-order
background, and we're giving them a licence to commit offences. And there's
no provision for review of these people," she said. 

Anne-Marie Boisvert, chairwoman of the criminal law committee of the Quebec
Bar Association, said the wording of the bill could catch a broad range of
innocent people. 

For example, she said farmers in Quebec, who now have gangs planting
marijuana on their land, could fall under the definition in the bill of
those who "facilitate" crime, which does not require knowledge of the crime.


William Trudell, chairman of the Canadian Council of Criminal Defence
Lawyers, said the bill could cover anyone wearing clothing with a gang's
name on it. 

"Those are exorbitant and extraordinary powers provided to the police
forces," said Senator Serge Joyal. 

"It's certainly our responsibility in the Senate on each and every bill to
make sure that the fundamental rights enshrined in the Charter are
respected." 

The bill provides for annual reports of illegal police operations. But Ms.
Perkins-McVey said the reports will only give statistical information and
won't help assess whether "the ends justified the means." 

Many undercover police operations were shut down following a 1999 Supreme
Court of Canada decision ruling that officers have no right, with few
exceptions, to break the law in the course of their work. 

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