COPS NEED NEW POWERS, FANTINO SAYS

Organized Crime Law Doesn't Go Far Enough For Chief

OTTAWA (CP) - Toronto's police chief says cops may need even more sweeping
powers than those proposed under federal legislation to bolster what he
calls a losing battle against organized crime.

Julian Fantino, joined by RCMP Commissioner Guiliano Zaccardelli and
Winnipeg Police Chief Jack Ewatski, appeared before a Commons committee
Thursday to support the federal anti-gang legislation that gives undercover
officers the power to break the law.

Critics say the new powers go too far and put police above the law. They're
also unhappy with an accountability scheme that puts decisions on police
breaking the law in the hands of politicians instead of those of judges.

But Fantino said the proposed new powers are crucial in the intensifying
fight against gangs.

"I would also like to suggest that in certain circumstances, the expansion
of police powers should be in place to detain, search and investigate
members of criminal organizations," he told the all-party committee
studying the legislation.

"I find it objectionable that men and women who are on the front line,
facing extraordinary danger should not be given the tools and the
protection to do a very dangerous and very difficult job."

The proposed bill would give immunity from prosecution to police who commit
minor crimes, such as buying stolen credit cards, if they have prior
permission from supervisors to do so.

But it also allows those working undercover to commit more serious crimes,
such as destroying property, if they first secure the permission of the
federal or provincial solicitors general.

The law would not protect police if they commit very serious crimes, such
as causing death or bodily harm, sexual offences or deliberately
obstructing justice.

Irwin Koziebrocki, of the Criminal Lawyers Association, told the committee
Thursday the powers are too broad.

"The legislation is far-reaching, policing authorities are not limited to
organized crime type offences," he said.

"Let's say they're bikers for example, and the biker says 'let's go do this
robbery.' Do you go with a police officer along and take part in that
particular robbery? This legislation would allow you to do that. Is that
right? I'm not sure that's right."

He added that organized criminals may use serious crimes to sniff out
undercover cops in their midst.

The measures are the government's response to an April 1999 Supreme Court
of Canada decision that police should not be above the law unless
Parliament says so.

Zaccardelli says police simply want to regain the powers that decision took
away, such as the ability to buy stolen property to assess whether it is
connected to organized crime.

"Since this case we can't do that. We haven't been doing that. Which means
there are criminal organizations that are profitting," he said.

Zaccardelli said police would not be committing illegal acts.

"We're not talking about committing illegal acts, we didn't commit illegal
acts before, and we don't want to commit them now. But we need somehow to
get the tools to be able to do this."

He noted that police have rarely used powers they have under the Controlled
Drugs and Substances Act to sell and grow drugs.

Thursday in the Commons, the Bloc Quebecois also raised the matter, taking
issue with both the new powers and the accountability system.

Solicitor General Lawrence MacAulay defended the legislation.

"This is a critical new tool for the police and it is not a blank cheque,"
he said. "The bill outlines strict limits and controls and it also has
direct political accountability."

The proposed legislation would also make it a crime to do work on behalf of
a criminal organization, and introduces tough sentences for such crimes.

It would also make it easier for police and prosecutors to investigate and
build cases against gang members.