OTTAWA LOOKS TO GIVE SOME IMMUNITY TO POLICE

High Court Questions Illegal Actions During Investigations

OTTAWA - The federal government is considering legislation that would
give police immunity for a broad range of crimes committed in the line
of duty.

A ruling last month by the Supreme Court of Canada in which new trials
were ordered for two Ontario men convicted of drug trafficking called
into question the commission of illegal activities by police officers
during criminal investigations.

In a unanimous decision, the high court found the operation used to
catch John Campbell and Salvatore Shirose conspiring to buy nearly 50
kilograms of hashish had not been sanctioned by law, and ruled any
police work involving illegal activity must be legislated by Parliament.

The reverse-sting technique used by the RCMP in the Campbell-Shirose
case has since been legalized, but police and justice officials say
the Supreme Court decision may invalidate many other long-accepted law
enforcement techniques that break the law.

For example, police who pose as prostitutes, pimps or "johns" could
face solicitation charges, and officers who offer to buy illicit goods
from smugglers could be charged with violating excise laws.

The Campbell decision has devastated a host of investigations since it
was handed down on April 22, said RCMP Inspector Raf Souccar, who
oversees drug operations across Canada."We have stopped many
investigations," Insp. Souccar said. "There were major operations that
we were conducting that we had to either stop, discontinue, or change
the technique altogether, because based on the decision, it wouldn't
be acceptable."

A legislative response to the Campbell decision, which some police
forces and provinces hope to see, is one of the main options being
developed for consideration by Anne McLellan, the Justice Minister.

"We are consulting with our provincial colleagues to see whether there
is a need for any legislative changes as a consequence of the
decision," said Richard Mosley, the assistant deputy minister of
criminal law policy in McLellan's department.

Senior federal, provincial and territorial prosecutors discussed the
Campbell-Shirose case at a meeting in Charlottetown this month, and
representatives from a number of provinces, including Quebec, urged
federal officials to seriously consider legislating police immunity.

"British Columbia will be encouraging the federal government to
consider a legislative response to the issues that have been raised in
this case," said Geoffrey Gaul, counsel with the criminal justice
branch of B.C.'s Ministry of the Attorney-General.

Legislation seems to be the preferred path of the Supreme Court, which
called on Parliament to step in. "In this country, it is accepted that
it is for Parliament to determine when in the context of law
enforcement the end justifies the means that would otherwise be
unlawful," Justice Ian Binnie wrote.

A patchwork of laws currently offer some protection to police who, in
the course of their duties, engage in activities that would otherwise
be illegal. Most of the exemptions are targeted at organized crime.
Under the Controlled Drugs and Substances Act, for example, police can
buy, sell, import and export drugs, in defined circumstances, in their
efforts to combat drug trafficking.

Other exemptions in the Criminal Code, and in the customs and excise
laws, immunize those engaged in law enforcement from prosecution for
money-laundering, possession of the proceeds of crime, and from
possession of prohibited or restricted weapons.

While the RCMP has created a working group to assess the impact of the
Campbell case on RCMP operations, Insp. Souccar said new legislation
containing some kind of general, but carefully circumscribed, immunity
for police who are doing their jobs is "absolutely necessary."