Law Amendments Committee

Mandate:

Click here to view the Law Amendments Committee Annual Report Video

To improve the laws affecting policing, exploring both legislative and non-legislative options for change.

Strategic Priorities/Objectives:

1. Raise Committee profile.
2. Increase participation at the Federal level in matters such as:
   1. House of Commons and Senate Committee hearings,
   2. collaboration with Federal, Provincial and Territorial Heads of Prosecution, and
   3. involvement in legislative advisory group meetings.
3. Advance lawful access, disclosure, organized crime and witness protection initiatives.

Significant Accomplishments 2016/2017:

• Monitored and assessed all legislative proposals before Parliament with the potential to affect policing in Canada.
• Focused on the following legislative priorities:
  • Spencer decision and impact on police access to basic subscriber information – working on a legislative response;
  • Increasing measures to further restrict the availability and use of reactive targets;
  • Investigative capabilities in a digital age (lawful access & encryption);
  • Bill S-231: Journalistic Sources Protection Act;
  • Bill S-217: An act to amend the Criminal Code (detention in custody);
  • Bill C-23: Preclearance Act 2016;
  • Cannabis Legalization (Bill C-45); and
  • Drug Impaired Driving (Bill C-46).
• Prepared guidance to the CACP membership on factors to be considered by police when seeking judicial authorizations for investigations involving journalists.
• Coordinated CACP contributions to the Government of Canada’s consultations on Cyber Security and National Security.
• Contributed to CACP discussion papers on the recommendations of the Task Force on Cannabis Legalization and the legislation to legalize cannabis (Bills C-45 and C-46).
• In collaboration with Public Safety Canada organized a table top exercise to work through various scenarios to assess and flesh out operational impacts related to implementation of Article X of the Canada-US Preclearance Agreement (Preclearance Protections and Accountability).
• Reviewed and vetted all resolutions to be considered by the CACP at the Ottawa Annual General Meeting.
• Provided testimony on behalf of the CACP at parliamentary committee hearings:
  • Standing Senate Committee on Legal and Constitutional Affairs to speak to Bill S-231 – Journalistic Sources Protection Act (March 2017); and
  • Standing Committee on Justice and Human Rights to speak to Bill S-217 – An Act to Amend the Criminal Code (detention in custody) (April 2017).
• Represented CACP at two FPT roundtables (Ottawa, March 17 and Toronto, March 27) on the access to Basic Subscriber Information (BSI) and the impact of the SCC’s decision in R. v. Spencer.
• Represented the CACP on the Justice Efficiencies and Access to Justice Steering Committee and facilitated the dissemination of an e-survey on preliminary inquiries (31% of the respondents were from law enforcement).   
• Coordinated the CACP intervention before the SCC in Allen v. HMQ (SCC No.36813) on telewarrants.  The decision was rendered on January 19, 2017 and was favorable to police operations (R v. Clark 2017 SCC 3).

Initiatives Planned 2017/2018:

• Study Bills tabled during the 42nd Parliament impacting law enforcement, public safety and the criminal justice system (e.g. C-23, C-45, C-46, S-231) and provide advice to CACP leadership and Committees.
• Continue to advance work on the resolutions adopted by the CACP:
  • Child Physical Abuse Imagery (2016-02)
  • Reasonable Law to Address the Impact of Encrypted and Password-Protected Electronic Devices (2016-03)
  • Measures to Further Restrict the Availability and Use of Reactive Targets (2016-04)
  • Amendments to Section 183 of the Criminal Code (2015-04)
  • Amendments to the Canada Post Corporation Act (2015-08)

• Review draft 2018 CACP resolutions and provide advice to the Board of Directors
• Represent the CACP at the National Reinventing Criminal Justice Symposium and on the Justice Efficiencies and Access to Justice Steering Committee.