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 2015/2016:

• Worked on a legislative response to the Spencer decision.
• Sought legislative reforms on encryption concerns
• Worked on amendments to the Criminal Code to expand offences provided for within s.183 and to shut down “dial-a-dope” phone numbers; to the Canada Post Corporation Act to allow for seizures for more crimes; and to the Identification of Criminals Act to provide for fingerprinting on arrest. 
• Examined options under the Explosives Act to prevent the misuse and criminal/terrorist use of reactive targets
• Appeared before the Standing Senate Committee on Legal and Constitutional Affairs to speak to delays in criminal proceedings (February) and to speak to Bill S-217 (An Act to Amend the Criminal Code – detention in custody).
• Met, discussed and consulted with government and association officials on law enforcement issues and possible solutions on updates from Public Safety Canada border strategies; going dark; cybercrime and lawful access issues; Canada-US Preclearance Agreement; expansion of s.183 offences; and the Victim Justice Network.
• Received briefings on issues and challenges including creation of a publicly available high risk child sex offender database; the impacts of encryption on criminal investigations; public safety threats posed by reactive targets; modernization of the RCMP’s Central Communications Intercept Systems; the hidden internet (Darknet); peer-to-peer file sharing in child sexual exploitation cases, and the creation of new humanitarian indices following amendments to the DNA Identification Act.
• Assisted in organizing, and participated in the 8th national Reinventing Criminal Justice Symposium.  Retained two seats on the Justice Efficiencies and Access to Justice Steering Committee.
• Coordinated intervention on behalf of the CACP before the Supreme Court of Canada in R. v. Saeed, which deals with search incident to lawful arrest of complainant DNA on the body of a suspect (penile swabs). The decision reversed majority judgement of the ABCA on the s.8 violation and recognized an adapted power to search.

Initiatives Planned 2016/2017:        

• Study Bills tabled during the 42nd Parliament impacting law enforcement, public safety and the criminal justice system (e.g. C-16, C-22, C-23, S-226, S-217, S-242) and provide advice to CACP leadership and Committees.
• Contribute to the CACP’s submissions to the Government of Canada’s National Security Policy and Cyber Reviews.
• Continue to advance work on the resolutions adopted by the CACP:
  • Child Physical Abuse Imagery (2016-02)
  • Measures to Further Restrict the Availability and Use of Reactive Targets (2016-04)
  • Reasonable Law to Address the Impact of Encrypted and Password-Protected Electronic Devices (2016-03)
  • Seizure of Cellular Services When Used in Drug Trafficking (2015-02)
  • Amendments to Section 183 of the Criminal Code (2015-04)
  • Amendments to the Canada Post Corporation Act (2015-08)
  • Roadside Drug Screening Tool (2014-01)
  • Prohibit Publication or Broadcast of all Emergency Workers' Radio Transmissions in Canada (2013-01)
  • Amendment to the Criminal Code of Canada and the DNA Identification Act (2011-04)
• Review draft 2017 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.
• Coordinate the CACP intervention before the Supreme Court of Canada in Allen v. HMQ SCC No.36813