NCJ Number
76699
Date Published
1978
Length
42 pages
Annotation
This report documents an investigation by the McDonald Royal Commission into surreptitious entries by the Royal Canadian Mounted Police (RCMP) in the Province of British Columbia during the period 1972-76.
Abstract
Previous evidence indicated that 402 entries were committed, as shown by an examination of work orders processed by the Security Equipment Section of RCMP. Further examination into these cases led to the exclusion of 212 cases, so that 190 entries were confirmed. Of these, 41 were not covered by legal authorizations and have become the subject of detailed study. It was determined that 32 were intelligence probes, 5 were for the purpose of installing listening devices, and 4 were entries in which documents or evidence was removed from the premises. Several possible charges could be made in either all 41 cases or in the 4 in which evidence was removed; breaking and entering, criminal conspiracy, or breach of an Act of Parliament of Canada without lawful excuse. Because these situations involved normal policing duties in the investigation of crime and none of those concerned at that time squarely addressed the issue of the propriety of police practices, it was decided that the public interest would not be served by recommending prosecution in any of the 41 cases. A policy directive regarding surreptitious entry has been approved and issued to all police personnel in the Province regarding proper entry with legal authorization and the consequences if procedures are not followed. The background papers on the RCMP, RCMP policy on wiretapping, and the law on conspiracy to commit an unlawful act are appended.