GOVERNMENT OF CANADA SEEKS PUBLIC INPUT ON LAW ENFORCEMENT AND CRIMINAL LIABILITY

OTTAWA, June 22, 2000 – The Honourable Anne McLellan, Minister of Justice and Attorney General of Canada, and the Honourable Lawrence MacAulay, Solicitor General of Canada, released a White Paper today on limited protection from criminal liability for police officers and others carrying out law enforcement duties.

The White Paper, tabled in the Senate today, includes draft legislation to respond to the April 1999 ruling of the Supreme Court of Canada in John Campbell and Salvatore Shirose v. The Queen and an invitation for Canadians to comment on the proposed approach.

At issue in Campbell and Shirose was whether peace officers, during the course of an investigation, can commit acts which in ordinary circumstances would be illegal. The Court explicitly recognized that "if some form of public interest immunity is to be extended to the police...it should be left to Parliament to delineate the nature and scope of the immunity and the circumstances in which it is available". The proposed amendments to the Criminal Code set out the circumstances under which law enforcement officers would have limited protection from criminal prosecution for certain otherwise illegal acts.

"The Government of Canada has developed a proposal for legislative change which it believes represents a careful balance between providing police with the tools they need to effectively fight crime while at the same time acknowledging that Canadians have the right to expect that they will act within the rule of the law. I believe it is important to receive comments from Canadians on this important matter before a government bill is introduced in Parliament," said Minister McLellan.

The Department of Justice and the Ministry of the Solicitor General have consulted with their provincial counterparts, law enforcement and civil liberties organizations, and the criminal defence bar regarding this important issue and are seeking their views and the views of all Canadians on the draft legislation.

"In today's world, it is essential to provide police officers with the tools they need to combat local, national and global crime and protect Canadian interests and Canadians themselves," said Solicitor General MacAulay.

Minister McLellan stressed that the proposal would not put persons involved in law enforcement above the law or give them blanket or unlimited immunity from the law. Rather, it would recognize the public interest in providing those involved in legitimate law enforcement activities some limited exemption from criminal liability in order to better protect society, particularly from organized crime.

Some acts, such as the intentional or reckless causing of death or grievous bodily harm to another person or the commission of a sexual offence, would not be permissible under any circumstances.

Copies of the White Paper are available on the Department of Justice Website at http://canada.justice.gc.ca. Copies may also be obtained by calling Communications and Executive Services at (613) 957-4222. Copies of the Supreme Court of Canada judgement in Campbell and Shirose may be obtained at:

English:     http://www.lexum.umontreal.ca/csc-scc/en/pub/1999/vol1/html/1999scr1_0565.html
French:     http://www.lexum.umontreal.ca/csc-scc/fr/pub/1999/vol1/html/1999rcs1_0565.html

Comments on the proposed legislation should be sent before September 15th, 2000 to:

Law Enforcement Criminal Liability Consultation,
Criminal Law Policy Section,
Department of Justice Canada,
284 Wellington Street,
Ottawa,Ontario,
K1A OH8

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Ref:

Department of Justice

Farah Mohamed
Director of Communications
Minister McLellan's office
(613) 992-4621

Michael Zigayer
Senior Counsel
Criminal Law Policy Section
(613) 957-4736

Solicitor General Canada

Dan Brien
Communications Assistant to the Solicitor General
(613) 991-2874

RCMP

Media Relations
(613) 993-2999