Implications of the Public Safety Act, 2002 for Drug Offences
prepared by Eugene Oscapella, Canadian Foundation for Drug Policy, May 2, 2002
This analysis is based on the text of the Bill as of April 29, 2002.
Canada’s proposed terrorist legislation, Bill C-55, appears to expand police powers in relation to drug offences that in most cases have nothing to do with terrorism.
The Bill was introduced in the House of Commons on April 29, 2002. Bill C-55 is entitled An Act to Amend Certain Acts of Canada, and to Enact Measures for Implementing the Biological and Toxin Weapons Convention, in Order to Enhance Public Safety (its short title is the Public Safety Act, 2002).
It gives the Commissioner of the RCMP the authority to require any air carrier or operator of an aviation system to provide information about certain persons about whom warrants have been issued. Among such persons are those with an arrest warrant outstanding relating to any offence that could result in more than five years imprisonment under federal law.
This means that persons who have an arrest warrant outstanding against them for certain drug offences could be subject to this provision. Among the offences under the Controlled Drugs and Substances Act to which this new police power would apply are:
What this power in relation to drug offences has to do in most cases with catching terrorists is a mystery.
Text of the Bill
The relevant clauses of the Bill are set out here (the full text of
the Bill as it read when introduced in the House of Commons and as it progresses
through amendments can be found here).
Remember that the text of the Bill may change as it goes through the legislative
process. The following is the text of the Bill as it was introduced
:
4.82 (1) The following definitions apply in this section.
Commissioner « commissaire »
``Commissioner'' means the Commissioner of the Royal Canadian Mounted
Police.
Director « directeur »
``Director'' means the Director of the Canadian Security Intelligence Service.
``transportatio n security''
« sûreté des transports »
``transportation security'' means the protection of any means of transportation
or
of any transportation infrastructure, including related equipment, from
any actual
or attempted action that could cause, or result in,
(a) loss of life or personal injury;
(b) substantial damage to or destruction of a means of
transportation or any transportation infrastructure; or
(c) interference with any means of transportation or with any
transportation infrastructure that is likely to result in loss of life
or
personal injury, or substantial damage to or destruction of any
means of transportation or any transportation infrastructure.
``warrant''
« mandat »
``warrant'' means
(a) a warrant issued in Canada in respect of the arrest of a person
for the commission of an offence that may be punishable under any
Act of Parliament by imprisonment for a term of five years or
more;
(b) a warrant issued under subsection 103(1) of the Immigration
Act; or
(c) a warrant or other document issued outside Canada relating to
the arrest of a person who can be extradited from Canada under
subsection 3(1) of the Extradition Act.
Designation of persons
(2) The Commissioner may designate persons for the purposes of subsection
(4). Those persons may receive and analyze information provided under that
subsection and match it with any other information in the control of the
Royal
Canadian Mounted Police.
Designation of persons
(3) The Director may designate persons for the purposes of subsection (5).
Those persons may receive and analyze information provided under that
subsection and match it with any other information in the control of the
Canadian
Security Intelligence Service. The Director may also designate one or more
of
those persons as senior designated persons for the purposes of this section.
Requirement to provide information
(4) The Commissioner, or a person designated under subsection (2), may,
for
the purposes of transportation security or the identification of persons
for whom
a warrant has been issued, require any air carrier or operator of an aviation
reservation system to provide a person designated under subsection (2),
within
the time and in the manner specified by the person imposing the requirement,
with the information set out in the schedule
(a) that is in the air carrier's or operator's control concerning the persons
on board or expected to be on board an aircraft for any flight specified
by
the person imposing the requirement; or
(b) that is in the air carrier's or operator's control, or that comes into
their
control within 30 days after the requirement is imposed on them,
concerning any particular person specified by the person imposing the
requirement.
Requirement to provide information
(5) The Director, or a person designated under subsection (3), may, for
the
purposes of transportation security or the investigation of ``threats to
the security
of Canada'' referred to in paragraph (c) of the definition of that expression
in
section 2 of the Canadian Security Intelligence Service Act, require any
air
carrier or operator of an aviation reservation system to provide a person
designated under subsection (3), within the time and in the manner specified
by
the person imposing the requirement, with the information set out in the
schedule
(a) that is in the air carrier's or operator's control concerning the persons
on board or expected to be on board an aircraft for any flight specified
by
the person imposing the requirement; or
(b) that is in the air carrier's or operator's control, or that comes into
their
control within 30 days after the requirement is imposed on them,
concerning any particular person specified by the person imposing the
requirement.
Disclosure to other designated persons
(6) Despite subsection (7), a person designated under subsection (2) or
(3) may
disclose any information provided under subsection (4) or (5), and any
information obtained as a result of matching the information with other
information, to any other person designated under subsection (2) or (3).
Restriction on disclosure of information to
other persons
(7) A person designated under subsection (2) or (3) may disclose any
information provided under subsection (4) or (5), any information obtained
as a
result of matching the information with other information and any information
obtained as a result of a disclosure under subsection (6), only in accordance
with subsections (8) to (12), or for the purpose of complying with a subpoena
or
document issued or order made by a court, person or body with jurisdiction
to
compel the production of information, or for the purpose of complying with
rules
of court relating to the production of information.
Disclosure to Minister and air carriers, etc.
(8) A person designated under subsection (2) or (3) may disclose information
referred to in subsection (7) to the Minister, the Canadian Air Transport
Security Authority, any peace officer, any employee of the Canadian Security
Intelligence Service, any air carrier or operator of an aerodrome or other
aviation facility if the designated person has reason to believe that the
information
is relevant to transportation security. Any information disclosed to the
Canadian
Air Transport Security Authority or to an air carrier or operator of an
aerodrome or other aviation facility under this subsection must also be
disclosed
to the Minister.
Disclosure to Aircraft Protective Officer
(9) A person designated under subsection (2) or (3) may disclose information
referred to in subsection (7) to an Aircraft Protective Officer if the
designated
person has reason to believe that the information may assist the Aircraft
Protective Officer to perform duties relating to transportation security.
Urgent disclosure to any person
(10) A person designated under subsection (2) or (3) may disclose information
referred to in subsection (7) to any person if the designated person has
reason to
believe that there is an immediate threat to transportation security or
the life,
health or safety of a person.
Disclosure to peace officer
(11) A person designated under subsection (2) may disclose information
referred to in subsection (7) to any peace officer if the designated person
has
reason to believe that the information would assist in the execution of
a warrant.
Disclosure to employee of the Canadian
Security Intelligence Service
(12) A person designated under subsection (3) may, if authorized by a senior
designated person designated under that subsection, disclose information
referred to in subsection (7) to an employee of the Canadian Security
Intelligence Service for the purposes of an investigation with respect
to a ``threat
to the security of Canada'' referred to in paragraph (c) of the definition
of that
expression in section 2 of the Canadian Security Intelligence Service Act.
Recording of reasons
(13) A person who discloses information under any of subsections (8) to
(12)
must, as soon as practicable, prepare and keep a record setting out a summary
of the information disclosed, the elements of information set out in the
schedule
in respect of which there was disclosure, the reasons why the information
was
disclosed and the name of the person or body to whom the information was
disclosed.
Destruction of information
(14) Information provided under subsection (4) or (5), and any such information
obtained under subsection (6), must be destroyed within seven days after
it is
provided or obtained, unless it is reasonably required for the purposes
of
transportation security or the investigation of ``threats to the security
of Canada''
referred to in paragraph (c) of the definition of that expression in section
2 of the
Canadian Security Intelligence Service Act, in which case a record must
be
prepared and kept setting out the reasons why the information is being
retained.
Review of information
(15) At least once a year, the Commissioner and the Director must cause
a
review to be undertaken of all information retained under subsection (14)
by
persons designated by them, and the Commissioner, or the Director, as the
case
may be, must order the information to be destroyed if he or she is of the
opinion
that its continued retention is not justified. The Commissioner and the
Director
must each keep a record of their review.
Exception
(16) Subsections (14) and (15) do not apply in respect of records prepared
under subsection (13).
Application
(17) Subsections (14) and (15) apply despite any other Act of Parliament.
Right to provide information preserved
(18) Nothing in this section precludes air carriers and operators of aviation
reservation systems from providing any information if the provision of
the
information is otherwise lawful.
Right to collect information under other
Acts preserved
(19) Nothing in this section prohibits the collection of any information
if the
collection is otherwise lawful.
Regulations
(20) The Governor in Council may make regulations generally for carrying
out
the purposes and provisions of this section.
. . .
SCHEDULE
(Subsections 4.81(1) and (5) and 4.82(4), (5) and (13))
1. The person's surname, first name and initial or initials
2. The person's date of birth
3. The person's citizenship or nationality or, if not known,
the country that issued the travel documents for the person's flight
4. The person's gender
5. The number of the person's passport and, if applicable, the
number of the person's visa or residency document
6. The date on which the person's passenger name record was
created
7. If applicable, a notation that the person arrived at the
departure gate with a ticket but without a reservation for the flight
8. If applicable, the names of the travel agency and travel
agent that made the person's travel arrangements
9. The date on which the ticket for the person's flight was
issued
10. If applicable, a notation that the person exchanged their
ticket for the flight
11. The date, if any, by which the person's ticket for the flight
had to be paid for to avoid cancellation of the reservation or
the date, if any, on which the request for a reservation was
activated by the air carrier or person who operates the aviation
reservation system
12. The number assigned to the person's ticket for the flight
13. If applicable, a notation that the person's ticket for the
flight is a one-way ticket
14. If applicable, a notation that the person's ticket for the
flight is valid for one year and is issued for travel between
specified points with no dates or flight numbers assigned
15. The city or country in which the travel included in the
person's passenger name record begins
16. The itinerary cities, being all points where the person
will embark or disembark
17. The name of the operator of the aircraft on which the person
is on board or expected to be on board
18. The names of the operators of aircraft over whose air routes
all other segments of air travel included in the person's
passenger name record are undertaken, including, for each segment,
the name of any operator of aircraft other than the
operator that issued the ticket
19. The code of the operator of the aircraft and the identification
number for the person's flight
20. The person's destination
21. The travel date for the person's flight
22. Any seat assignment on the person's flight that was selected
for the person before departure
23. The number of pieces of baggage checked by the person to
be carried in the aircraft's cargo compartment on the flight
24. The tag numbers for the person's baggage
25. The class of service in respect of the person's flight
26. Any stated seat request in respect of the person's flight
27. The person's passenger name record number
28. The phone numbers of the person and, if applicable, the
phone number of the travel agency that made the person's
travel arrangements
29. The person's address and, if applicable, the address of
the travel agency that made the travel arrangements
30. The manner in which the person's ticket was paid for
31. If applicable, a notation that the person's ticket was paid
for by another person
32. If applicable, a notation that there are gaps in the itinerary
included in the person's passenger name record that
necessitate travel by an undetermined method
33. Routing information in respect of the travel included in
the person's passenger name record, being the departure and
arrival points, codes of the operators of the aircraft, stops
and surface segments
34. If applicable, a notation that the person's ticket is in
electronic form and stored electronically in an aviation reservation
system
Updated:2 May 2002| Accessed:38559times