Pubdate: Fri, 09 Jun 2006
Source: Ottawa Citizen (CN ON)
Copyright: 2006 The Ottawa Citizen
Contact:  http://www.canada.com/ottawa/ottawacitizen/
Details: http://www.mapinc.org/media/326
Author: Cristin Schmitz

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.
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