Annual Report on the Department of Fisheries and Oceans - Use of the Law Enforcement Justification Provisions

2013

Sections 25.1-25.4 of the Criminal Code provide a limited justification at law for acts and omissions that would otherwise be offences when committed by designated law enforcement officers (and those acting under their direction) while investigating an offence under federal law, enforcing a federal law, or investigating criminal activity. The law enforcement justification provisions are subject to a legal requirement of reasonableness and proportionality.

The law enforcement justification provisions also establish a system of accountability that includes a requirement under which the competent authority, the Minister of Fisheries and Oceans must make public an annual report on the use of specific portions of the law enforcement justification provisions by Fishery Officers employed by Fisheries and Oceans.

In particular, the Minister of Fisheries and Oceans must report:

Statistics

Temporary designations

Paragraphs 25.3(1)(a), (d) and (e) of the Criminal Code require the following information to be made public:

From January 1, 2013 to December 31, 2013, the Department of Fisheries and Oceans reports that the senior official made no temporary designations.

Authorizations for Specific Acts and Omissions

Paragraphs 25.3(1)(b), (d) and (e) of the Criminal Code require the following information to be made public:

From January 1, 2013 to December 31, 2013, the Department of Fisheries and Oceans reports that no authorizations were granted to public officers to commit justified acts or omissions that would otherwise constitute offences and that would likely result in loss of or serious damage to property.

From January 1, 2013 to December 31, 2013, the Department of Fisheries and Oceans reports no authorizations were granted for directing another person to commit a justified act or omission that would otherwise constitute an offence.

Instances of Public Officers Proceeding Without Senior Official Authorization

Paragraphs 25.3(1)(c), (d) and (e) of the Criminal Code require the following information to be made public:

From January 1, 2013 to December 31, 2013, the Department of Fisheries and Oceans reports that no public officers proceeded without a senior official’s written authorization in these circumstances.

 

Honorable Gail Shea
Minister of Fisheries and Oceans