PROSECUTION PROTECTION PROPOSED FOR POLICE

Undercover police officers could break laws on everything from document
forgery to arson without fear of facing criminal charges under draft
legislation released yesterday.

The draft bill is part of a discussion paper and lays out when and how
police should be allowed to break the law to catch criminals.

Police have complained many investigations have been stymied by a Supreme
Court of Canada ruling last year that said police had no special immunity
from prosecution.

However, the top court said Parliament could pass legislation offering
police protection from criminal liability.

Police - who have been urging Ottawa to bring in such a bill quickly - had
previously been exempt from charges as long as they acted in good faith.
Undercover officers might, for example, break the law to play along with
their criminal targets in order to maintain their cover.

The court's decision has forced many police forces to stop using so-called
"reverse sting" operations, except in drug probes, where federal drug laws
do offer some immunity.

Although the draft bill would allow officers to commit a wide range of
criminal offences, including speeding, giving someone a fake passport and
even punching someone, it does set limits on law-breaking in police
investigations.

Police would have to consider other options before resorting to breaking the
law, and would not escape criminal charges for certain offences, including
intentionally or recklessly causing a death, causing grievous bodily harm or
committing a sexual offence.

Justice Minister Anne McLellan hopes to introduce the legislation early in
the fall.