Recent Library of Parliament Legislative Summaries

The Library of Parliament in Ottawa has recently published a number of legislative summaries of important federal bills.

Among them are:

• Legislative Summary of Bill C-20: An Act establishing the Public Complaints and Review Commission and amending certain Acts and statutory instruments: "Bill C-20 establishes the independent Public Complaints and Review Commission (the Commission) to review and  investigate complaints against employees of the Royal Canadian Mounted Police (RCMP) and the Canada Border Services Agency (CBSA). The Commission replaces the existing Civilian Review and Complaints Commission (CRCC) which reviews complaints against the RCMP. Currently, no oversight authority is responsible for reviewing complaints against the CBSA."
• Legislative Summary of Bill C-65: An Act to amend the Canada Elections Act: "The bill amends the Canada Elections Act (CEA) to accomplish several distinct legislative objectives, including: providing for two additional days of advance polling; moving the next fixed election date; regulating voting at long-term care institutions; updating the process for voting by mail (special ballot); regulating voting at post-secondary educational institutions; amending the requirements relating to political parties’ policies for the protection of personal information; amending or creating new prohibitions pertaining to the electoral process; amending the regime applicable to third-party financing; granting new powers to the Commissioner of Canada Elections (CCE); and requiring the Chief Electoral Officer (CEO) to report to Parliament on potential changes to the electoral process."
• Legislative Summary of Bill C-50: An Act respecting accountability, transparency and engagement to support the creation of sustainable jobs for workers and economic growth in a net-zero economy: "The Government of Canada describes this legislative initiative as the product of comprehensive consultation, the purpose of which is to establish both a plan and mechanisms for governance and accountability to place the federal government in a better position to support workers and communities as Canada works to build a net-zero economy."
• Legislative Summary of Bill C-69: An Act to implement certain provisions of the budget tabled in Parliament on April 16, 2024: "Part 1 implements various income tax measures through amendments to the Income Tax Act and related statutes and regulations, including increasing the home buyers’ plan withdrawal limit and deferring the repayment period, creating the Canada Carbon Rebate for Small Businesses, and providing a refundable investment tax credit to qualified businesses for certain investments in clean technology manufacturing property (clauses 2 to 80). Part 2 enacts the Global Minimum Tax Act, which is a regime based on the Rules of the Organization for Economic Co-operation and Development, that ensures that large multinational corporations are subject to a minimum effective tax rate of 15% on their profits wherever they do business (clauses 81 to 111). Part 3 repeals the temporary relief for supplies of certain face masks, respirators and shields from the Goods and Services Tax/Harmonized Sales Tax, and implements certain measures regarding excise duty in respect of tobacco and vaping products, beer, spirits and wine. It also implements certain changes to the Underused Housing Tax (clauses 112 to 148). Part 4, which is divided into 44 divisions, implements various  measures. It amends numerous existing Acts that cover many areas of law. It also enacts the Consumer-Driven Banking Act (clauses 149 to 468)."

Library of Parliament legislative summaries summarize bills currently before Parliament and provide background information about them in an objective and impartial manner. They are prepared the Library's research staff which carries out research for and provides information and analysis to parliamentarians, Senate and House of Commons committees and parliamentary associations. Legislative summaries are revised as needed to reflect amendments made to bills as they move through the legislative process.

Recent Library of Parliament Documents

The Library of Parliament in Ottawa has recently published a number of legislative summaries of important federal bills as well as other documents.

Among them are:

• Gender-based Analysis Plus in Canada: "The Government of Canada uses GBA Plus [Gender-based Analysis Plus ] to assess the impact of legislation, policies, programs and budgetary measures on diverse groups of women, men and gender-diverse people in an effort to reduce inequalities. The “Plus” in GBA Plus includes a range of identity factors – such as age, disability, education, language, sexual orientation, culture, geography, ethnicity, Indigenous identity, religion, social class and income – that overlap in an intersectional way. The “Plus” is thus aligned with the concept of intersectionality introduced in 1989 by Kimberlé Crenshaw, which makes it possible to include multiple intersecting identity factors beyond gender in the analysis of what shapes people’s experiences."
• Scrutiny of Regulations: 50 Years in Review: "Parliament can delegate the authority to make regulations to a person or body specified in an Act. This authority might be given because regulations can be made more quickly than legislation or because Parliament might not have the expertise to legislate technical rules. This authority is usually delegated by way of enabling provisions in legislation that permit ministers, departments, agencies and other authorities to make rules on Parliament’s behalf. The committee’s powers derive from both statutory and sessional orders of reference which make it the committee’s mandate to ensure that this delegated authority is exercised lawfully and appropriately. The committee’s work begins after a regulation has been published in its final form in Part II of the Canada Gazette."
• Legislative Summary of Bill C-20: An Act establishing the Public Complaints and Review Commission and amending certain Acts and statutory instruments: "Bill C-20 establishes the independent Public Complaints and Review Commission (the Commission) to review and investigate complaints against employees of the Royal Canadian Mounted Police (RCMP) and the Canada Border Services Agency (CBSA). The Commission replaces the existing Civilian Review and Complaints Commission (CRCC) which reviews complaints against the RCMP. Currently, no oversight authority is responsible for reviewing complaints against the CBSA."
• Legislative Summary of Bill C-65: An Act to amend the Canada Elections Act: "The bill amends the Canada Elections Act (CEA) to accomplish several distinct legislative objectives, including: providing for two additional days of advance polling; moving the next fixed election date; regulating voting at long-term care institutions; updating the process for voting by mail (special ballot); regulating voting at post-secondary educational institutions; amending the requirements relating to political parties’ policies for the protection of personal information; amending or creating new prohibitions pertaining to the electoral process; amending the regime applicable to third-party financing; granting new powers to the Commissioner of Canada Elections (CCE); and requiring the Chief Electoral Officer (CEO) to report to Parliament on potential changes to the electoral process."

Statistics Canada Findings on Confidence in the police, the justice system and courts

A few weeks ago, Statistics Canada reported on the level of confidence of different population groups in the Federal Parliament, the justice system and courts, the police, and the Canadian media:

"Having a high level of confidence in the Federal Parliament, the justice system and courts, the police, and the Canadian media can be seen as a vital measure for assessing the health of democracy in Canada. Confidence in these institutions reflects the sense that they are safe, effective, transparent and accountable."

"From October 2022 to January 2023, about two-thirds (67%) of Canadians reported having a high level of confidence in the police. This was a greater proportion than other institutions, such as the justice system and courts (51%), the Federal Parliament (36%) and the Canadian media (33%)."

"In the context of increased diversity and immigration being the main driver of population growth in Canada, it is relevant to investigate if different groups of the population share these views similarly."

"Using preliminary data from the Survey Series on People and their Communities, this report examines whether racialized and non-racialized, non-Indigenous people in Canada have differing levels of confidence in public institutions ..."

Among the findings:

• Most racialized groups report higher levels of confidence in the justice system and courts than non-racialized, non-Indigenous people
• Southeast Asian, Black and Japanese people are less likely to report confidence in police
• Recent immigrants are most likely to report high level of confidence in the Canadian media and the Federal Parliament

Statistics Canada Article on Crime in Rural and Urban Areas

The Statistics Canada publication Juristat features a new article called Police-reported crime in rural and urban areas in the Canadian provinces, 2021.

Among the highlights:

• In 2021, police services serving a mostly rural population served 15% of the population in the provinces, but reported 24% of violent crimes, 18% of property crimes, 30% of Criminal Code traffic offences and 23% of other Criminal Code violations.
• The Crime Severity Index (CSI), which measures the volume and the seriousness of crimes, was 33% higher in rural areas than in urban areas. The gap was even greater for the Violent CSI. 
• The gap between rural and urban Violent CSIs has widened over the past decade. The gap has especially widened during the COVID-19 pandemic as the Violent CSI increased in rural areas but not in urban areas.
• Shoplifting and robbery, crimes that are generally more frequent in urban areas than in rural areas, have declined significantly since the onset of the COVID-19 pandemic. Conversely, crimes in private residences—which are typically more common in rural areas—have increased since the onset of the COVID‑19 pandemic. In addition, intimate partner violence has increased more in rural areas than in urban areas.
• The higher crime rate in rural areas (7,033 incidents per 100,000 population) than in urban areas (4,919) was because a small number of police services recorded very high crime rates. Conversely, more than one-third (34%) of the rural population lived in a community where the crime rate was below 3,000 incidents per 100,000 population in 2021, compared with one-quarter (25%) of the urban population.
• Higher crime rates in rural areas were mainly observed in the northern parts of the provinces. In the south, the rural crime rate was lower than or similar to the urban rate in most provinces. 
• The higher crime rate in rural areas was mainly because of the high number of assaults, mischief and incidents related to disturbing the peace. These common offences were reported approximately two to three times more often by police services serving a predominantly rural population.

Congressional Research Service Explanation of the Mar-a-Lago Search Warrant

This is a follow-up to the August 16, 2022 blog post Congressional Research Reports on Protection of Classified Information about the seizure by the F.B.I. of top secret files at the Florida residence of former U.S. President Donald Trump.

The Congressional Research Service in Washington, D.C. has published what it calls a Legal Sidebar on The Mar-a-Lago Search Warrant: A Legal Introduction:

"The Federal Bureau of Investigation (FBI) recently executed a search warrant at former President Donald Trump’s Mar-a-Lago property in Palm Beach, Florida (...) The warrant authorized government officials to seize all 'documents and records constituting evidence, contraband, fruits of crime, or other items illegally possessed in violation' of three federal statutes ... In addition to the warrant itself and its attachments, the court unsealed other material related to the search, including the cover sheet to the warrant application and an inventory of property seized. Proceedings are underway to unseal a redacted version of the affidavit supporting the warrant, and former President Trump filed a motion asking the court, among other things, to appoint a special master to oversee the government’s handling of the seized material."

"This Sidebar describes the process for and implications of obtaining a search warrant. It then examines the criminal offenses identified in the Mar-a-Lago warrant. Finally, this Sidebar analyzes presidential authority to declassify documents and the role of declassification for the crimes at issue."

New Statistics Canada Article on Crime Statistics

The Statistics Canada publication Juristat published an article earlier this week on Police-reported crime statistics in Canada, 2021.

Among the highlights:

• At 5,375 incidents per 100,000 population, the police-reported crime rate—which measures the volume of crime—increased 1% in 2021, following a 9% decrease in 2020. In 2021, the violent crime rate increased 5%, while the property crime rate decreased 1%. Following a large decrease in 2020, the property crime rate was the lowest it has been dating back to 1965.
• Police-reported crime in Canada, as measured by the Crime Severity Index (CSI), remained stable, changing from 73.9 in 2020 to 73.7 in 2021. This follows a 7% drop in the CSI in 2020, the first after 5 years of increases. The stability in the overall CSI was the result of increases in violent crime and continued decreases in non-violent crime. The CSI measures the volume and severity of police-reported crime in Canada, and it has a base index value of 100 for 2006.
• The Violent CSI rose 5% in 2021, and was higher than in 2019, prior to the pandemic. The increase was primarily driven by a relatively large rise in the rate of level 1 sexual assault (+18%). Various other violent crimes also increased in volume in 2021, however they had a more marginal impact on the CSI. The rise in level 1 sexual assault accounted for 40% of the increase in the Violent CSI. Overall, there were 34,242 police-reported sexual assaults (level 1, 2 and 3), representing 90 incidents per 100,000 population in 2021.
• The Non-violent CSI—which includes, for example, property offences and drug offences—declined 3%, after a 9% drop in 2020. Much of this decline was due to lower rates of breaking and entering (-10%) and theft of $5,000 or under (-4%).
• Nationally, there were 788 homicides, 29 more than the previous year. The national homicide rate increased 3% from 2.00 homicides per 100,000 population in 2020, to 2.06 homicides per 100,000 population in 2021. Police-reported 190 Indigenous victims of homicide, 18 fewer than in 2020. Despite the decrease, the rate of homicide for Indigenous peoples (9.17 per 100,000 population) was approximately 6 times higher than the rate for non-Indigenous people (1.55 per 100,000 population). The rate of homicide for individuals identified by police as persons of a group designated as racialized increased 34% in 2021 to 2.51 homicides per 100,000 population. This rate was higher than for victims identified as belonging to the rest of the population (1.81 homicides per 100,000 population).
• The number of police-reported hate crimes increased 27% to 3,360 incidents in 2021. Compared with 2019, hate crimes have increased 72% over the last two years. More hate crimes targeting religion (+67%) (including Jewish, Muslim and Catholic) and sexual orientation (+64%) accounted for most of the national change, along with more incidents targeting race or ethnicity (+6%).

Statistics Canada Article on Black and Indigenous People's Confidence in Police

Last week, Statistics Canada published 2 articles on the experiences of Black and Indigenous Canadians:

• Perceptions of and experiences with police and the justice system among the Black and Indigenous populations in Canada
• Experiences of discrimination among the Black and Indigenous populations in Canada, 2019

According to a summary in the Statistics Canada bulletin The Daily:

"The everyday experiences and perceptions of Indigenous and Black people in Canada differ from those of the non-Indigenous, non-visible minority people in many ways. Recently, social movements seeking racial and social equity in response to injustice—both current and historical—have demonstrated the importance of measuring and monitoring the perceptions and experiences of diverse populations. In particular, inequities among First Nations people, Métis, Inuit, and racialized groups regarding public safety measures, victimization, and the criminal justice system have been a key focus."

"Two Juristat articles, released today, contain detailed analysis of the perceptions and self-reported experiences of diverse populations in Canada, with a particular focus on Black and Indigenous people ..."

Statistics Canada Article on Public Perceptions of the Police

The most recent issue of the Statistics Canada publication Juristat has an article on Public perceptions of the police in Canada's provinces, 2019. 

Among the highlights:

• In 2019, more than four in ten (41%) Canadians living in the provinces said they had a great deal of confidence in the police, while about half (49%) said they had some confidence.
• Canadians who said they had a physical (38%), or mental or cognitive (33%) disability were less likely than people without a disability (43%) to report having a great deal of confidence in the police.
• Three in ten (30%) First Nations people, Métis and Inuit said they had a great deal of confidence in the police, compared with 42% of non-Indigenous people.
• Canadians belonging to population groups designated as visible minorities were significantly less likely to report having a great deal of confidence in the police (35%), compared with 44% of non-visible minorities.
• Seniors (53%) were more likely to report having a great deal of confidence in the police compared with young Canadians aged 15 to 24 (36%).
• Less than half of Canadians thought their local police were doing a good job of being approachable and easy to talk to (49%), enforcing the laws (46%), ensuring the safety of citizens (44%), treating people fairly (42%), promptly responding to calls (40%) and supplying information to the public on ways to prevent crime (37%). Less than one in five (18%) Canadians felt that the local police were doing a good job on all six of these measures.

Law Commission of New Zealand Report on Use of DNA in Criminal Investigations

The Law Commission of New Zealand recently published a report on The Use of DNA in Criminal Investigations.

In New Zealand the Criminal Investigations (Bodily Samples) Act 1995 gives the Police powers to collect and use DNA in investigating crime. The Act also regulates two DNA databanks. These databanks store DNA information from individuals who have been charged with, or convicted of, certain offences. This information can then be compared to DNA collected from the scenes of unsolved crimes.

The Minister of Justice had asked the Law Commission to conduct a comprehensive review of the Act. The purpose of the review is to determine whether the current legislation is fit for purpose and keeping pace with developments in forensic science, international best practice and public attitudes. 

The Commission recommends a new, comprehensive regime to control how DNA is obtained, used and retained for criminal investigations. Core recommendations include:

• Improving protections for adults from whom Police seek to obtain DNA by consent or on arrest.
• Requiring a court order to obtain DNA from suspects who are children or young people or who lack the ability to provide consent.
• Regulating the use of DNA where the current law is either silent or fragmented. This includes elimination sampling, mass screening, familial searching, and genetic genealogy searching.
• Establishing a single DNA databank to hold all DNA profiles obtained by Police with clear rules on how these DNA profiles can be used.
• Restricting the retention of offenders’ DNA profiles and aligning any retention of youth offender profiles more closely with the rehabilitative focus of the youth justice regime.
• Creating an independent mechanism for the assessment of new DNA analysis techniques and whether these should be approved for use.
• Improving oversight by increasing the role of the judiciary, establishing a new DNA Oversight Committee (with mandatory Māori representation), and providing for external auditing by the Independent Police Conduct Authority.

Statistics Canada Report on Crime During COVID-19

 Last week, Statistics Canada published a report on Selected police-reported crime and calls for service during the COVID-19 pandemic, March to August 2020:

"During the first six months of the COVID-19 pandemic, 17 police services across Canada reported that selected criminal incidents were down by almost one-fifth (17%) compared with the same period a year earlier. In contrast, the number of calls for service rose 8%, particularly wellness checks, mental health calls and calls to attend domestic disturbances."

"When the physical distancing measures that were introduced in mid-March to control the pandemic started easing in May, and businesses, services and public spaces gradually re-opened throughout the summer, the volume of crimes and calls for service began to rise."

According to the report, the police services surveyed serve 59% of the Canadian population.

Incidents reported to the police declined in 12 of the 13 categories measured. The only exception was for uttering threats by a family member.

Canada's national statistical agency cautions readers. Some of the categories included sexual assault and spousal violence and these are known to be underreported and accessing victim support services can be more difficult during the pandemic due to lockdown measures.

US Police Reform Bill Tracking Database

The American National Conference of State Legislatures has launched a Legislative Responses for Policing-State Bill Tracking Database to help people follow the dozens of bills or executive orders addressing law enforcement issues in various US states:

"The National Conference of State Legislatures provides you with up-to-date, real-time information on law enforcement legislation that has been introduced in the 50 states and the District of Columbia. The database contains policing bills and executive orders introduced as of May 25, 2020, that are in response to recent events."

"You can search legislation for by state, topic, keyword, year, status or primary sponsor. Policing topics include oversight and data, training, standards and certification, use of force, technology, policing alternatives and collaboration, executive orders and other timely issues."

Statements From Libraries and Library Organizations Re: Racism and Increased Violence

Gary Price who runs the infoDOCKET website is compiling a list of Statements From Libraries and Library Organizations Re: Racism and Increased Violence in the context of the ongoing protests against anti-Black racism and police brutality in the US and other countries.

The list will be updated.

One of the libraries included is the Toronto Public Library.

Its statement, which explains the institution's "Commitment to Ending Structural Racism and Building a More Equitable Society", includes a Black Lives Matter reading list that suggests many Canadian and international materials for people who want to understand more.

Alberta Law Reform Institute Paper on Police Record Checks

The Alberta Law Reform Institute (ALRI( has published a paper on police record checks in the province:

"To assess their suitability for opportunities, employers and volunteer organizations seek background information on their applicants. One way of obtaining such information is through police record checks. That being so, many employers and volunteer organizations require applicants to request, and share the results of, a police record check. Other organizations, including governments, professional regulatory bodies, post-secondary institutions, and even landlords, also use police record checks as a screening tool."

"Determining what information should be disclosed in the results of a police record check involves balancing public safety interests with an applicant’s privacy and human rights. Across Canada, police services do this balancing in different ways, with little legislative direction."

ALRI conducted some preliminary research to determine whether it should undertake a police record check law reform project. As part of its research, ALRI compared Ontario’s police record check legislation with the procedures from the Alberta Association of Chiefs of Police (AACP).

ALRI determined that the AACP procedures could be improved, but recognized that they are relatively new and that the AACP is open to revising them. As time may tell whether Alberta needs specific legislation to regulate police record checks, ALRI decided not to proceed with a police record check law reform project now.

ALRI’s paper contains its preliminary research findings. Its publication is intended to promote discussion about police record check practices in Alberta.

Statistics Canada Article on Canadian Police Performance Metrics

The Statistics Canada publication Juristat has published an article entitled The Canadian Police Performance Metrics Framework: Standardized indicators for police services in Canada:

"In 2014, Statistics Canada, in collaboration with Public Safety Canada and Police Information and Statistics (POLIS) committee of the Canadian Association of Chiefs of Police (CACP) undertook a review of current performance measures being used by police services in Canada. This work was done to determine whether or not there is a need for standardized, national measures and to determine the types of data needed to support police leaders in decision-making and management. As a result of this work, it was found that, in the absence of national indicators of police performance, police services in Canada rely on traditional metrics that do not reflect the complexity and scope of contemporary policing responsibilities. As such, there is a need for a standard police performance metrics framework for Canadian policing."

"As a result of this development work by Statistics Canada and its partners, in April 2017, a preliminary police performance metrics framework was approved by the POLIS committee, and in November 2017, the proposed police performance metrics framework was presented to and received the endorsement of the Board of Directors of the CACP."

"(...) The article provides a review of the literature on performance measurement, an examination of how Canadian police services are currently using data in public performance reports, and the results of a consultation of Canadian police services on measuring police performance based on data availability and information needs. Preliminary results from a pilot project on the feasibility of collecting uniform calls for service data from Canadian police services are also provided."

Statistics Canada Article on Police Resources in Canada

The Statistics Canada publication Juristat has published an article on Police resources in Canada, 2016.

Among the highlights:

• There were 68,773 police officers in Canada on May 15, 2016. This represents a rate of police strength of 190 officers per 100,000 population and a decline of 1% from the previous year. This marks the fifth consecutive year of decline in the rate of police strength.
• The 28,422 civilians employed by police services across Canada on May 15, 2016 represented 29% of all police personnel. Civilian personnel as a proportion of all personnel employed by police services has consistently and gradually increased since the 1960s.
• On May 15, 2016, women accounted for over 21% of all sworn officers. Women continued to be increasingly represented in the higher ranks of police services. They represented 13% of senior officers in 2016—the highest proportion ever recorded—compared with 6% in 2006 and less than 1% in 1986.
• Year-end operating expenditures for police services in Canada in 2015/2016 totaled $14.2 billion in current dollars. Accounting for inflation, total operating expenditures rose by 1% from the previous year. Police spending increased annually from 1997/1998 to 2010/2011, but has since varied by less than 1% other than somewhat larger increases in 2012/2013 and 2015/2016.
• When accounting for population and inflation, policing operational costs in 2015/2016 amounted to $313 per capita, almost unchanged from $312 per capita in 2014/2015.

Statistics Canada Article on Police-Reported Crime

Yesterday, the Statistics Canada publication Juristat published an article entitled Police-reported crime statistics, 2015:

"Police-reported crime in Canada, as measured by both the Crime Severity Index (CSI) and the crime rate, increased in 2015. This marked the first rise in police-reported crime in 12 years. The CSI grew 5% from 2014 to 2015, but was 31% lower than it was a decade earlier in 2005."

"The rise in the CSI, which measures the volume and severity of police-reported crime, was primarily a result of more incidents of fraud, breaking and entering, robbery, and homicide. A notable increase in crime reported in Alberta and smaller increases in British Columbia, Ontario and Saskatchewan also contributed to the upward movement of the national CSI."

"The traditional police-reported crime rate, which measures the volume of police-reported crime relative to the population size, also increased in 2015, rising 3% from the previous year. While the crime rate grew in 2015, it has generally been on a downward trend since the early 1990s, with the only other increase reported in 2003."

Law Library of Congress Report on Miranda Warning Equivalents Around the World

The Law Library of Congress in Washington, D.C. has published a report a little while ago about Miranda Warning Equivalents in more than 100 countries around the world.

In the United States, so-called Miranda rights are named after the US Supreme Court decision of Miranda v. Arizona, 384 US 436 (1966) that determined that a person detained by law enforcement and interrogated must be made aware of the right to remain silent, the right to consult with an attorney and have the attorney present during questioning, and the right to have an attorney appointed if they can't afford one. Without a Miranda warning or a valid waiver, statements might be inadmissible at trial.

According to the introduction of the Law Library of Congress report:

"The warnings specified in the surveyed jurisdictions vary, but typically include the right to remain silent and the right to legal counsel.  A number of countries also specify that a person who is arrested or detained has the right to be informed of the reasons for the arrest or detention or of the charges being brought.  In some countries, the additional right to have these things explained in a language the detainee understands is explicitly stated.  Commonwealth countries have traditionally followed the English Judges’ Rules developed in the early twentieth century, and some continue to do so, while many Member States of the European Union (EU) have adopted an EU directive on the issue."

"Points of variance among the countries concern the timing of the warning and whether the detainee is told that the fact of remaining silent will or will not be used in legal proceedings."   

"Countries surveyed that have no Miranda-type warning were not included. "

The Law Library of Congress is the world’s largest law library, with a collection of over 2.65 million volumes from all ages of history and virtually every jurisdiction in the world.

Debate on Police Body Cameras Comes to Canada

The CBC News website today posted an article entitled Police body cameras show promise, but raise questions that provides an overview of the pros and cons of having police officers wear video recorders as part of their uniform.

A number of Canadian police forces have completed or are contemplating pilot projects on the matter.

And Calgary plans to equip its front-line uniformed police officers with the cameras in 2017 as a matter of policy.

The article discusses why some police forces think the cameras will enhance accountability and reduce false complaints of police misconduct as well as the many concerns of sceptics such as civil libertarians:

"[Laura] Berger, of the Canadian Civil Liberties Association, said it's important to test assumptions in this emerging area of technology and policing."

" 'I think there is an assumption that if people are being filmed, they will not unnecessarily use violence, that they'll be more conscious and more thoughtful about the ways that they react because they know that they're on camera,' she said."

" 'We need to be cautious of the idea that video never lies and that video evidence will provide a panacea to concerns about police use of force and accountability'."

Library of Parliament Article on Computer Privacy and Security

The Library of Parliament's HillNotes blog published an article today called Computer Privacy and Security: Lawful and Unlawful Access that examines the challenges faced by law enforcement in investigating cybercrime.

The article explains the current legal environment and analyzes bills and court rulings from recent years that deal with the circumstances under which police may gain access to private computer information.

Earlier Library Boy posts on the topic include:

• Canadian Government Consultation on Lawful Access (September 14, 2007): "The purpose of this consultation is to provide a range of stakeholders - including police and industry representatives and groups interested in privacy and victims of crime issues - with an opportunity to identify their current views on possible approaches to updating Canada’s lawful access provisions as they relate to law enforcement and national security officials’ need to gain access to CNA [customer name and address] information in the course of their duties. The possible scope of CNA information to be obtained is later identified, but it should be noted from the outset that it would not, in any formulation, include the content of communications or the Web sites an individual visited while online."
• CIPPIC Paper on Government's Lawful Access Initiative (October 16, 2007): "This is a follow-up to the September 14, 2007 Library Boy post entitled Canadian Government Consultation on Lawful Access ... Yesterday, the Canadian Internet Policy and Public Interest Clinic (CIPPIC) at the University of Ottawa made its submission available. In its conclusions, CIPPIC remains highly sceptical of government arguments about the need for greater access to CNA information: 'Information identifying telecommunications subscribers can be highly sensitive given the electronic trail of publicly available and otherwise accessible data that individuals now leave about themselves on the internet and other digital devices as they go about their daily lives. For this reason, we submit that CNA information raises a 'reasonable expectation of privacy' on which a Charter challenge to laws permitting warrantless access could be based' ..."
• Canadian Government Re-Introduces Internet Surveillance Bills (November 2, 2010): "The federal government has re-introduced two bills in the House of Commons that would allow police and intelligence officials to intercept online communications and get personal information from Internet service providers. The government explains that the legislation targets child sexual predators, distributors of pornography and identity thieves. The bills also go after people who use the Internet to plan terrorist acts."
• Library of Parliament Comparison of Lawful Access Laws in Canada, US, UK and Australia (December 13, 2012): "The Library of Parliament recently posted an updated version of a paper comparing Canadian legislative proposals relating to lawful access to the situation in the UK, the USA and Australia. 'Lawful access' refers to a police investigative technique that allows for the interception of electronic communications during a lawful search (...) This background paper compares Bill C-30 [introduced in the Canadian Parliament in the first session of the 41^st Parliament] with similar legislation in these three countries. Major differences and similarities are highlighted, with particular reference to three aspects covered in the Canadian bill: interception capability, requests to TSPs for information about subscribers and tracking warrants. The comparison is a useful one because Bill C-30 is the latest of several significant Canadian initiatives that have dealt with lawful access and that have proposed consistently similar provisions."

Irish Law Reform Commission Report on Search Warrants and Bench Warrants

The Law Reform Commission of Ireland has released a Report on Search Warrants and Bench Warrants that proposes that the 300 current laws on search warrants should be replaced by a single generally applicable Search Warrants Act, which would contain standard rules on applying for, issuing and executing warrants.

At the moment in Ireland, 143 Acts and 159 ministerial Regulations allow the police and regulators (such as the Central Bank, commercial regulators and the Environmental Protection Agency) to apply to the District Court for warrants to search premises and seize material in connection with suspected theft, drugs offences or corporate offences.

Among the details of the recommendations:

• The proposed Search Warrants Act would apply to all indictable offences and to certain summary offences (notably those involving implementation of EU-derived law).
• The general validity period for search warrants should be 7 days, which may be extended if needed (three extensions only). Emergency search warrants issued by the High Court should last for 24 hours only. Exceptional 30 day time limits for search warrants in, for example, the Central Bank (Supervision and Enforcement) Act 2013 and the Companies Act 2014 should be retained because they are needed to investigate complex corporate offences.
• Search warrants should, in general, be executed at reasonable times (usually, daylight hours), but may be executed at other times (so called “dawn raids”) if a case is made to the court that this is required.
• Material reasonably believed to be evidence of or relating to an offence, not necessarily the offence to which the search warrant refers, may be seized if found during a search.
• The admissibility of material over which privilege is claimed (for example, legal professional privilege) should be adjudicated by the High Court.
• A Code of Practice on Search Warrants should be published by the Minister for Justice and Equality, which would contain practical guidance on the procedures to be followed in search warrants.
• Failure to comply with the Search Warrants Act or the Code of Practice should not, of itself, affect the admissibility of evidence. The rules on the admissibility or inadmissibility of illegally and unconstitutionally obtained evidence will continue to be developed by the courts.

 The report also provides a history of warrants in the common law tradition.