NCJ Number
65536
Journal
CHITTY'S LAW JOURNAL Volume: 26 Issue: 6 Dated: (JUNE 1978) Pages: 191-194
Date Published
1978
Length
4 pages
Annotation
THE ILLEGALITY OF BREAK-INS (SURREPTITIOUS ENTRY INTELLIGENCE PROBES) CONDUCTED BY THE ROYAL CANADIAN MOUNTED POLICE (RCMP) IS DISCUSSED IN VIEW OF CANADA'S CRIMINAL AND CIVIL LAWS.
Abstract
THE RCMP CONDUCTED AT LEAST 419 BREAK-INS WITHOUT SEARCH WARRANTS. ALTHOUGH THE ASSISTANT COMMISSIONER OF THE RCMP DESCRIBED THESE BREAK-INS AS SURREPITIOUS ENTRY INTELLIGENCE PROBES, THE RCMP DID NOT HAVE A GENERAL WARRANT FROM THE SECRETARY OF STATE OR SOLICITOR GENERAL FOR THESE PROBES. THE INVESTIGATING COMMISSION WAS TOLD THAT THE PROBES WERE DEFENSIBLE MORALLY AND ETHICALLY SINCE A WARRANTLESS SEARCH WOULD EVENTUALLY SERVE THE PUBLIC INTEREST AS A MEANS OF DETECTING CRIME. HOWEVER, A WARRANTLESS SEARCH BY THE POLICE IS CONDUCTED IN CONTEMPT OF THE JUDICIAL SAFEGUARD WISELY INTERPOSED BY THE LAW BETWEEN THE CITIZEN AND THE POLICE. THE CRIMINAL CODE OF CANADA MAKES IT AN OFFENSE FOR ALL PERSONS TO CONSPIRE TO EFFECT LAWFUL ENTRY BY UNLAWFUL MEANS. THE RCMP IN THEIR ZEAL TO DETECT CRIME HAD FORGOTTEN THAT SUCH LAWS ARE APPLICABLE TO THEM AS WELL. OTHER LAWS AGAINST ILLEGAL ENTRY ALSO EXIST, INCLUDING PROVINCIAL LAWS WHICH SECURE PROPERTY RIGHTS AS WELL AS THE SUMMARY CONVICTION OFFENSE UNDER THE PETTY TRESPASS ACT. POLICE BREAK-INS ARE CONTRARY TO CANADA'S CONCEPT OF LIBERTY. CANADIANS MUST CONSIDER WHETHER A CONSTITUTION SHOULD BE WRITTEN WHICH WILL PROCLAIM AND ENTRENCH CIVIL LIBERTIES. (MJW)