OTTAWA TO LOOSEN LAWS FOR POLICE

Anti-Gang Proposal Would Let Undercover Officers Vandalize, Forge, Assault
And More

OTTAWA - Police officers would have far wider powers to break the law in
the line of duty under a law proposed yesterday by Anne McLellan, the
Justice Minister, and Lawrence MacAulay, the Solicitor-General.

Criminal offences such as buying and selling drugs, using or selling
counterfeit documents, communicating for the purposes of prostitution,
physical assault and the destruction of property, would be permitted as
long as they were "reasonable and proportional acts" undertaken for
"legitimate law enforcement purposes."

The proposed law, which is aimed at criminal gangs that require recruits to
commit crimes in order to prove they are not undercover police, would give
police immunity in all but the most serious crimes. Murder, manslaughter,
grievous bodily harm and sexual offences would not be allowed.

"The government believes it is in the public interest to create a limited
exemption from criminal liability for law enforcement officers so they may
carry out their duties in accordance with the rules of law," says the
discussion paper, tabled yesterday in the Senate, in which the law is proposed.

With the exception of some drug offences, evidence currently collected in
investigations in which police commit illegal acts is not admissible in
court. In addition, police officers are open to personal criminal liability
for offences they commit in their work.

Under the new law, police would not be required to prove that they are
breaking the law as a "last resort," but merely that illegal activity is
the most effective means of carrying out the investigation.

Ms. McLellan called the proposal "a careful balance" between the needs of
police and the rule of law. The discussion paper's proposal "would not put
persons involved in law enforcement above the law or give them blanket or
unlimited immunity from the law."

The government is seeking public reactions to its discussion paper and
plans to introduce a bill when the House of Commons resumes sitting in the
fall.

"Undercover officers or agents may be required to traffic in drugs or other
contraband in order to 'play along' with their criminal targets to maintain
their cover. Similarly, as part of criminal probes, they may be required to
communicate for the purposes of prostitution, knowingly give a false name
or place illegal bets in gaming houses," the paper states.

The proposed law would not affect laws governing search and seizure or
warrants for obtaining wiretaps and DNA samples.

Law enforcement officials hailed the proposed immunity as a much-needed
tool in their battle against organized crime.

"We are very satisfied with this proposal," said Inspector Raf Souccar, who
represented the RCMP in government consultations on the new law. "This is
not about police power, it's about organized crime. If the government is
serious about organized crime as a priority to address, they need to
provide police with the tools."

The law would require police officers to seek permission from senior
officials, barring an emergency, before engaging in illegal activity that
could cause bodily harm or damage to property.

The use of force likely to cause bodily harm would be allowed only if there
were a risk of death or harm to another person; of the compromising of the
identity of an undercover officer, informant or agent, or of the loss of
important evidence.

The proposed law would also cover federal officials such as immigration
officers and give limited exemption from criminal liability to covert
agents recruited from criminal ranks.

Police and government officials say the draft law comes in response to a
Supreme Court of Canada ruling in April, 1999, in the case of John Campbell
and Salvatore Shirose, two hashish traffickers who were caught in a
"reverse sting" operation in which RCMP undercover officers posed as drug
suppliers and offered to sell them drugs.

The Supreme Court ruled in a unanimous verdict that the police officers had
acted illegally and allowed the possibility that charges against the drug
traffickers could be stayed.

The federal government has since legalized reverse-sting drug operations,
but police say the ruling forced them to abandon their best investigative
tactics, which they had previously believed to be legal.

Defence lawyers yesterday challenged the government's rationale for
amending the law.

"The police never had a general power to break the law during covert
investigations," said Alan Borovoy, general counsel to the Canadian Civil
Liberties Association, who said the 1999 ruling did not change the law and
is not a satisfactory reason for giving police wide immunity.