1. Today’s Lecture
Criminal Law:
Police Powers

2. A Caveat
On Biased Perspectives,
or...

3. Every Perspective
has a Bias

4. Today’s bias:
Critical
with a chance of
Leftism

5. How much power
do the police have?
Can they break the law?

6. The law applies to everybody
equally,
but
Special defences are available
for police

7. Criminal Code, 1892; s. 31:
Police and their agents
justified in using necessary force
necessary to overcome any force used in
resisting
if not possible less violently
to execute an arrest or warrant

8. Criminal Code, 1955; s. 25:
Police and their agents
justified in using necessary force
necessary to overcome any force used in
resisting
if not possible less violently
to execute an arrest or warrant
Force intended to cause death or grievous
bodily harm

9. Criminal Code, 1994; s. 25:
Anyone required or authorized to enforce
law
justified in using necessary force
necessary to overcome any force used in
resisting
if not possible less violently
to execute an arrest or warrant
Force intended to cause death or grievous
bodily harm
limited: serious offender fleeing, or escape
from jail

10. A pattern emerges
Broader justifications
with
More limitations

11. Scope of defences in practice
By Court: R. v. Finta, suspected war
criminal
By Police: RCMP Commissioner
Zaccardelli

12. Zaccardelli:
“As police officers we used to be able to do
things under the common law that were
acceptable. They weren’t illegal; they were
accepted in our system as powers and as
means the police needed to carry out their
duty in society.”
Why couldn’t they do these things anymore?
R. v. Campbell and Shirose

13. R. v. Campbell and Shirose,
[1999] 1 S.C.R. 565
and the
Reverse Sting Operation

14. R. v. Campbell and Shirose,
[1999] 1 S.C.R. 565
SCC: abuse of process by police

15. Aftermath of Campbell:
reverse sting operation law passed:
CDSA reg SOR/1997-234, s. 16.
police halt investigations involving
illegal acts

16. Zaccardelli:
“Since [Campbell], we can’t do that. We
haven’t been doing that. This means there
are criminal organizations that are profiting
and taking advantage of what’s going on in
society, as Chief Fantino has said. So I can’t
send my police officer and pretend to be a
smuggler or pretend to sell or buy illegal
goods.”

17. Parliament’s response:
Bill C-24
said to be concerned with organized crime
written in very broad terms
Added sections 25.1 to 25.4 to the Criminal
Code
Broad immunity; Some limits and
accountability
Applies to “designated officials”

18. Designation of 007 status
Cabinet member can designate officers
Cabinet member can designate senior
officials,
Designated senior officials can give
“emergency designations”
Immunity is extended to agents of police –
like whom?

19. What illegal acts are justified?
Essentially all acts and omissions,
Including forcible confinement, kidnapping
and assault with a weapon

20. How are justifications limited?
actions reasonable and proportional in the
circumstances
no death or bodily harm, wilful obstruction
of justice, and conduct violating sexual
integrity of an individual

21. Controversy
Objections to limiting scope of immunity to
exclude death; bodily harm; wilful
obstruction of justice; and conduct violating
sexual integrity of an individual?
Solutions proposed:
Public interest groups: narrow immunity defence
Police groups: eliminate the limitations

22. So, the Minister wants to designate an officer?
Or the senior official wants to make an emergency designation?
Limitations on
Designations
Allowance for limits on duration and
investigations
No requirement for such limits
Requirement for existence of authority to
review acts of designated officers
Only for officers, not senior officials or emergency
desig.s

23. Oversight and
Accountability
No judicial authorization for designations
Weak requirement: report by officer to
senior: 25.2
Not for serious acts under s. 25.1(8)
Weak notification req. for property
damage: 25.4(1)
No compensation for damage
Annual report: 25.3(1)
Only for emergency designations

24. Annual Report of
Minister
Only for emergency designations by senior
officials and approved property damage
No information about:
Designations of officers by the Minister
Justified acts of police agents
Justified acts of officers
Exemption from reporting requirement:
If report would compromise investigation, safety,
a legal proceeding or would be against the public
interest

25. Next class…
• Murder and Defences: Sleepwalking as a case
study
R. v. Parks, linked on the website