REPORT: RCMP AGENTS BROKE LAW IN LINE OF DUTY

Committee Eyes Rule That Gives Immunity To Police Informants

RCMP civilian agents with immunity from prosecution covertly
committed a range of crimes, including firearms offences,
counterfeiting and theft over $5,000 under the Mounties' direction in
2004-2005, the federal government has disclosed.

The latest report on the RCMP's use of a new law, which for the first
time gives police, and agents under their authority, an immunity from
prosecution for most crimes committed in the line of duty, was tabled
in the House of Commons a week ago by Public Safety Minister Stockwell Day.

The contentious law shields designated "public officers" -- police,
park wardens, fisheries officers, customs officials and jail guards
who are enforcing any federal statute, and their agents -- from
criminal liability for virtually all crimes, short of obstructing
justice, sex crimes, or violence causing bodily harm, provided their
otherwise illegal conduct is "reasonable and proportional" to the
crimes being investigated.

Yesterday, the Canadian Bar Association, the voice for 36,000 lawyers
across the country, demanded the government repeal the Criminal Code
provisions that law enforcement officials call "essential" to combat
organized criminals and terrorists, but civil libertarians deplore as
unnecessary and unconstitutional.

"It is highly questionable whether it is consistent with the rule of
law for police to break the law in order to enforce it," said
Vancouver lawyer Greg DelBigio, who spoke for the association before
the Commons justice committee yesterday.

"Police agents are typically themselves criminals and cannot be
trusted or relied upon to abide by the law or follow a police
officer's directions," Mr. DelBigio said.

Statistics disclosed last week by the government reveal that from
Feb. 1, 2004 to Jan. 31, 2005, the RCMP authorized its agents,
typically informers and criminals, to commit multiple crimes on seven
occasions, including illegal firearms offences, possession of stolen
goods, possession of forged passports, theft over $5,000 and counterfeiting.

Although the law requires all illegal conduct by police agents to be
publicly disclosed, in the case of police officers' own actions only
those illegal activities that are likely to result in the loss of, or
serious damage to, property must be publicly reported. There were no
offences in that category committed by police in 2004, says the report.

RCMP assistant commissioner Raf Souccar assured the justice committee
the Mounties observe "strict policy guidelines" to ensure they comply
with all the safeguards in the law.

"In many types of criminal organizations and terrorist-related
investigations it is sometimes vital for undercover police officers
to pose as those engaged in criminal activity," he testified
recently. He cited as an example successful stings in Montreal and
Toronto, where the RCMP purchased from an organized gang about
$250,000 in counterfeit cash and false passports, social insurance
cards and driver's licences.