(excerpts from:)

90th Annual Conference of

Canadian Association of Chiefs of Police

Regina, Saskatchewan
August 24, 1995

RESOLUTIONS

Committee:
D/Commr. Frank Palmer
Chief Barry King
Chief Pierre LeClair
Chairman, Chief Barry Daniel


Excerpted resolutions:


Exploitation of Violence

Whereas,
the Canadian Association of Chiefs of Police is dedicated to the well-being of society and the protection of the public;
Whereas,
the Canadian public is profoundly concerned over the incidence of serious violent crime;
Whereas,
there is a growing concern in society over the occurrence and promotion of violence, especially violence directed toward the young, women, and the elderly;
Whereas,
there is a need for a well reasoned and thoughtful analysis of the exploitation of violence in Canadian society;
Whereas,
the publication and distribution of explicit and offensive material that exploit violence is of no social or cultural value; and
Whereas,
with the expanded use of computer technology there must be regulation on the nature of the information available and the access to that information.

Therefore be it resolved,
that the Canadian Association of Chiefs of Police supports the continued development of a consultation paper on the exploitation of violence; and
Be it further resolved,
that the consultation paper address the issue of the information highway as a distribution vehicle for offensive and explicitly violent material; and
Be it further resolved,
that legislators enact legislation to prevent the exploitation of all forms of violence in Canadian society.
(Law Amendments Committee, law.1)

Facilitation of the Lawful Interception of Communications

Whereas,
sophisticated new communications technology is threatening the ability of federal, provincial, and municipal police agencies to conduct court-approved electronic surveillance in vitally important criminal cases;
Whereas,
the telecommunications systems and networks are often used to further serious criminal activities, including drug trafficking, terrorism, organized crime, extortion, corruption, and money laundering;
Whereas,
criminals widely use telecommunications systems and technology to avoid detection by police agencies;
Whereas,
new and enhanced telecommunications technologies are becoming exclusionary to law enforcement's capabilities to conduct court-approved electronic surveillance known to be crucial in the investigation of serious crime;
Whereas,
the cost to law enforcement for research and development of technical assistance required to facilitate court authorized interceptions of present and new telecommunication technologies is prohibitive;
Whereas,
without consideration of law enforcement's needs with respect to providing the technical ability to accommodate lawful interceptions, effective criminal prosecutions and the protection of the public will be severely compromised; and
Whereas,
the required legislation is not intended to provide law enforcement with new authority but is only intended to ensure that law enforcement's ability to accomplish court-authorized interceptions is not further eroded.

Therefore be it resolved,
that the Canadian Association of Chiefs of Police urges the Government of Canada to enact the appropriate legislation requiring that all present and new telecommunications technologies contain capabilities that will provide law enforcement agencies with the technical assistance necessary to accomplish court-authorized interceptions pursuant to the applicable sections of the Criminal Code of Canada (s.184.2, 184.3, 186, 188, 487.01, 492.1, 492.2).
(Law Amendments Committee, law.2)

Internet Regulations/Enforcement

Whereas,
the use of the Internet System for unlawful purposes as a communications medium is expanding at an alarming rate;
Whereas,
the Internet System is devoid of any standards and controls necessary to regulate the nature of information being disseminated worldwide;
Whereas,
abuse of this particular form of enhanced communications technology is resulting in the dissemination of information; such as child pornography, the making of explosive devices, defamatory attacks directed at public officials, and hate propaganda that have become a serious source of public concern and frustration;
Whereas,
certain forms of these communications are considered a significant threat to the safety and well-being of vulnerable people;
Whereas,
such information, if conveyed viva voce or by way of other conventional communications methods, would be the subject forms of criminal offences; and
Whereas,
there are no effective laws currently in place to control the abuses of the Internet System including capabilities for identifying contributing sources of information.

Therefore be it resolved,
that the Canadian Association of Chiefs of Police urges the government of Canada to enact legislation that will effectively control and regulate the Internet System; and
Be it further resolved,
that the Legislation also provide the appropriate enforcement capabilities as may be necessary to effectively prosecute offences committed via the Internet System that, if committed otherwise, would be the subject of a criminal offence.
(Law Amendments Committee, law.6)

Photo Radar

Whereas,
over 179,000 persons have died in traffic collisions in Canada since 1950;
Whereas,
it is estimated that 85% of motor vehicle collisions are caused by driver error;
Whereas,
"speeding" has been identified as a contributing factor in many of these preventable collisions;
Whereas,
photo radar speed enforcement technology has been used successfully in over 40 countries worldwide;
Whereas,
the reduction of speeding on roadways can contribute significantly to the reduction of collisions and the severity of collisions;
Whereas,
the reduction of collisions and severity of collisions would reduce the number of needless deaths and injuries on Canada's roadways and the associated costs to society which is estimated to be billions of dollars annually; and
Whereas,
the Traffic Committee of the Canadian Association of Chiefs of Police has examined the use of photo radar and concluded that photo radar, when used to enforce traffic laws, and no other purpose, can be an efficient and effective means of changing driver behaviour and reducing carnage on our roadways.

Therefore be it resolved,
that the Canadian Association of Chiefs of Police supports the use of photo radar in Canada and urges governments at all levels in Canada to facilitate the acquisition and use of photo radar by police in Canada in an effort to increase traffic safety.
(Traffic Committee, Traffic.2)

Forensic DNA Databanks

Whereas,
the Canadian Association of Chiefs of Police is dedicated to the well-being of society and the protection of the public;
Whereas,
the government of Canada has recognized the value of forensic DNA analysis by passing Bill C-104.
Whereas,
DNA typing is a new and powerful investigative tool for police in identifying offenders of violent crimes and exonerating the innocent;
Whereas,
the Canadian public is concerned over the incidence of violent crimes;
Whereas,
Bill C-104 does not provide the legislative authority to create and maintain a DNA Databank;
Whereas,
in order to reach the full potential of forensic DNA analysis, the police community must be given the broadest and best possible tools with which to work;
Whereas,
a DNA Databank would allow for the early identification of repeat and serial offenders thus preventing further victimization; and
Whereas,
more comprehensive legislation would lead to an efficient and effective justice system.
Therefore be it resolved,
that the Canadian Association of Chiefs of Police urges the Justice Minister to present legislation, as early as possible, for the creation and maintenance of a DNA Databank; and
Be it further resolved,
that the government of Canada provide appropriate financial support for the creation and maintenance of a DNA Databank; and
Be it further resolved,
that this legislation should provide for the mandatory taking and retention of DNA samples from persons charged with a designated offence for the purpose of databanking, the sample and result to be destroyed upon request if the person is found not guilty, or a stay is entered; and
Be it further resolved,
that this legislation should provide for the taking and retention of DNA samples form persons convicted of a designated offence, as well as from those persons currently serving their sentences or on parole in respect of a designated offence, to ensure an immediate and fully functional and operative DNA Databank.
(Law Amendments Committee, DNA.1)

Forensic DNA Warrants

Whereas,
Bill C-104 requires that a provincial court judge be satisfied by information on oath that there are reasonable ground to believe... that a person was a party to the offence; and
Whereas,
the standard of judicial authorization must allow police investigators to use Criminal Code DNA warrant provisions as an investigative tool.

Therefore be it resolved,
that the Canadian Association of Chiefs of Police urges the Justice Minister provide judicial authorization for DNA warrants when there are reasonable ground to believe that a person was a part to the designated offence.
(Law Amendments Committee, DNA.2)

Forensic DNA Notice Provisions

Whereas,
section 487.07 of the Criminal Code requires that peace officers provide notice of various types of information to a person against whom a warrant is executed;
Whereas,
failure to comply with the notice provisions may affect the admissibility of the evidence; and
Whereas,
a standard form information sheet providing this information to a person subject to a DNA warrant would greatly reduce the risk of improper notice.

Therefore be it resolved,
that the Canadian Association of Chiefs of Police urges the Justice Minister provide to prepare standard notice provisions and incorporate same into the legislative framework of the Criminal Code to meet the requirements of section 487.07.
(Law Amendments Committee, DNA.3)

Forensic DNA and Civil Liability

Whereas,
the Criminal Code DNA warrant provisions allow for another person, under the direction of a peace officer, to obtain and seize a bodily substance;
Whereas,
Bill C-104 does not provide for specific protection from criminal and civil liability for persons acting in the aid of a peace officer in the execution of a DNA warrant; and
Whereas,
medical personnel have been hesitant to assist in the execution of Criminal Code warrants in the past due to concerns respecting criminal and civil liability.
Therefore be it resolved,
that the Canadian Association of Chiefs of Police urges the Justice Minister provide to amend the DNA warrant provisions of the Criminal Code to provide protection from civil and criminal liability to those persons assisting a peace officer in the execution of a DNA warrant.
(Law Amendments Committee, DNA.4)

Forensic DNA Investigative Procedures

Whereas,
section 487.06(1) of the Criminal Code provides that a DNA warrant can only authorize a peace officer to seize *a* bodily substance: blood sample, hair sample, *or* buccal swab;
Whereas,
the provision may be read as authorizing bodily substances to be obtained by means of only one of the three possible investigative procedures; and
Whereas,
although 33(2) of the Interpretation Act allows the interpretation of words in the singular to include the plural, and words in the plural to include the singular.

Therefore be it resolved,
that the Canadian Association of Chiefs of Police urges the Justice Minister provide to amend the DNA warrant provisions of the Criminal Code to specifically allow for the authorization of more than one investigational procedure per warrant when necessary.
(Law Amendments Committee, DNA.5)