ALBERTA RCMP ADOPT NEW POLICY BASED ON HIGH RIVER FORCED ENTRIES
RCMP Response to Access to Information Act File: A-2019-04738 dated December 31, 2019
EXCERPT: “1. 5. The Emergency Management Act(RSA 2000) has significant emergency powers in sections 19(1) (b) to (k) that can be accessed through section 21(1) (Declaration of state of Local emergency) which may be used to prevent, respond to or alleviate the effects of an emergency/ disaster within a local authority’s jurisdiction. 1. 5. 1. These powers cannot be utilized unless a declaration of a state of local emergency is formally made and, as such, it is important the RCMP be involved in the development of a declaration of a state of local emergency and any subsequent operational / evacuation plans. 1.5.2. The powers include: • Authorize the entry into any building or land by any person in the course of implementing an emergency plan or program: authorize the entry into any building or on any land, without warrant, by any person in the course of implementing an emergency plan or program;” [Emphasis added]
QUESTION #1: How does a provincial law take precedence over each person’s rights under the Charter of Rights and Freedoms?
QUESTION #2: How does this policy prevent another door-kicking spree that cost taxpayers $2.45 million in damage claims against the RCMP?
BRIEFING NOTE: RCMP USE OF CELL-SITE SIMULATOR TECHNOLOGY
RCMP BRIEFING NOTE TO THE MINISTER: RCMP USE OF CELL-SITE SIMULATOR TECHNOLOGY – SEPTEMBER 11, 2017
Report on Privacy Act Complaint by the Privacy Commissioner of Canada dated August 16, 2017
• Finding 47: However, in the 6 instances where warrants were not obtained, we have already determined that the collection of personal information constitutes a contravention of section 4 of the Act as it was not lawfully collected.
• Finding 61: We note, however, that the complainant’s primary concern was that the RCMP initially would not confirm that it was using cell site simulators. This lack of transparency lead to serious concerns about the capabilities of these devices and how they are being used . We strongly encourage the RCMP to continue to make efforts toward openness and accountability in terms of the technologies it employs in its law enforcement activities and the legal authorities it relies on for the use of those technologies.
• Appendix C – RCMP Cell Site Simulator Policy on Mobile Identification Activities – Interim Policy 2017-06-27
PUBLIC SAFETY: VERIFYING MINISTER BLAIR’S STATEMENTS ON STRAW PURCHASES OF FIREARMS
PUBLIC SAFETY: VERIFYING THE SOURCE OF MINISTER BLAIR’S STATEMENTS ON STRAW PURCHASES
Public Safety Access to Information File: A-2019-00184 dated December 16, 2019 – Received December 20, 2019 by Dennis R. Young
93-PAGE ATIP RESPONSE INCLUDES:
• A Dialogue on Handguns and Assault Weapons: Engagement Paper – October 2018
• 2019-18 National Strategic Firearms Threat Assessment: Presentation to the Canadian Firearms Advisory Committee – February 20, 2019
• Firearm-Related Crime in Canada, Canadian Centre for Justice Statistics: Presentation to the Canadian Firearms Advisory Committee – February 20, 2019
• Firearm-Related Crime in Canada, Canadian Centre for Justice Statistics: Presentation to the Canadian Firearms Advisory Committee – August 30, 2019
• Feasibility Study on Collecting Additional Data on the Criminal Use of Firearms – Funding Request by Canadian Centre for Justice Statistics – Undated
• Assessing The Feasibility Of Additional Data Collection On The Criminal Use Of Firearms: CACP Police Information Statistics Committee – Undated
• Assessing The Feasibility Of Collecting Additional Firearms Data: Consultation Document – Canadian Centre for Justice Statistics – December 2018
RCMP REPORT: AUTHORIZATIONS TO INTERCEPT PRIVATE COMMUNICATIONS 2012-2016
Total Audio and Video Intercept Authorizations Approved = 28,001. Total Convictions = 570
Letter from RCMP Commissioner to Minister of Public Safety dated April 13, 2017 – ATIP Response File: A-2018-00372
UPDATE: WEAPONS POSSESSION CONTRARY TO AN ORDER, BY PROVINCE AND TERRITORY
UPDATE ON THE NUMBER OF ‘ACTUAL INCIDENTS’ OF WEAPONS POSSESSION CONTRARY TO AN ORDER, BY PROVINCE AND TERRITORY, 2014-2018
Statistics Canada Reports 5,550 Total ‘Actual Incidents’ in Canada for the five years, 2014-2018 – By Dennis R. Young – December 18, 2019
Ontario 1,522
Alberta 1,272
Quebec 786
Manitoba 587
Saskatchewan 574
British Columbia 565
Nova Scotia 114
New Brunswick 55
Nfld & Labrador 33
NWT 15
PEI 9
Yukon 9
Nunavut 9
RCMP MEMBER-INVOLVED SHOOTINGS RESULTING IN FATALITIES 2007-2017
EXCERPT: “The RCMP examined member-involved shootings that resulted in fatalities over a 10 year period (2007 to 2017). ln total, there were 61 fatalities, with 22 (36%) being Indigenous, 37 (61%) Caucasian, one (1.6%) middle eastern and one (1.6%) of mixed ethnicity. Of the Indigenous fatalities, 12 occurred on a reserve or Indigenous community (55%). Of the 61 fatalities, 46 were determined to be justified in using lethal force, 13 are still under investigation and two incidents were forwarded to the Crown for charge assessment. A list of the fatalities and the circumstances is listed in Annex A.” RCMP Briefing Note to the Minister of Public Safety dated December 7, 2017 – Public Safety ATIP Response File: A-2018-00372
RCMP FALL FAR SHORT IN EVALUATING FIREARMS PROGRAM
RCMP FAIL TO COMPLY WITH TREASURY BOARD REGULATIONS WITH RESPECT TO EVALUATIONS OF THE GOVERNMENT’S FIREARMS PROGRAMS AND POLICIES – RCMP did one evaluation when at least 11 were required in accordance with Treasury Board Regulations
RCMP Access to Information Act response File: A-2017-11130 received December 11, 2019 by Dennis R. Young
RCMP REPORT: ANTI-TERRORISM ACT ‘ARREST WITHOUT WARRANT’ PROVISIONS NEVER USED
RCMP Response to Access to Information Act request (File: AI-2019-08479) Annual Report to the Minister dated January 8, 2019
KEY POINTS IN ANNUAL REPORT (July 15, 2017 – July 14, 2018):
• Cover Letter to Minister of Public Safety by Brenda Lucki, Commissioner: “In fact, the RCMP has not used this provision since its introduction in 2001.”
• Background (page 1, section 3): “Criminal Code section 83.3 was established to assist in disrupting plans to care out a terrorist activity.” (Anti-Terrorism Act 2001)
• Amendments by the Anti-Terrorism Act, 2015 (page 2, section 4): “The most substantive amendment was to lower the threshold to obtain a recognizance with conditions.”
• Proposed Amendments, Bill C-59, National Security Act, 2017 (page 2, section 5): “The Act proposes restoring the second of two primary thresholds amending in 2015 to the original wording of the ATA, 2001.”
• Expiration of Measure (page 3, section 6): “As such, there has been no renewal of s. 83.3 recognizance, and the provision expired on October 25, 2018. Therefor, the s.83.3 recognizance with provision is not longer in effect and cannot be used.”
RCMP: UNAUTHORIZED TRANSFER OF FIREARMS BY LICENSED GUN OWNERS
RCMP ‘UNABLE TO LOCATE RECORDS’ ON UNAUTHORIZED TRANSFER OF FIREARMS BY LICENSED GUN OWNERS
BILL BLAIR: “…reports show that domestic crime guns have been illegally diverted (straw purchases).” RCMP ATIP RESPONSE: “The Canadian Firearms Program does not hold such records.” RCMP Response to Access to Information Act File: A-2019-06359 dated Nov 26, 2019 received Dec 3, 2019 by Dennis R. Young
OCTOBER 13, 2018 – FACTSCAN: BILL BLAIR: ON CRIME GUNS
By Nojan Kamoosi on October 13, 2018: Bill Blair, Minister of Border Security and Organized Crime Reduction and MP for Scarborough Southwest, on CBC’s The House on July 28, 2018: ‘While the data on this topic is limited and somewhat flawed, experts agree that historically, most crime guns in Canada have arrived unlawfully from the US. Some new reports contradict this view and imply that a higher rate of crime guns are domestically sourced, however, these reports show that domestic crime guns have been illegally diverted (straw purchases), as opposed to being legally owned by the perpetrators.” FactsCan Score: True
SEPTEMBER 13, 2018 – RCMP HAVE NO RECORDS TO SUPPORT CLAIMS OF ‘STRAW PURCHASES’
CBC NEWS June 14, 2018: “It’s the main source of how firearms are being purchased and how they come into people’s hands on the streets nowadays,” said Sgt. Eric Stewart, head of the Guns and Gangs unit for the Alberta Law Enforcement Response Teams (ALERT).” RCMP ATIP RESPONSE: “Based on the information provided, a search for records was conducted in Edmonton, Alberta and Ottawa, Ontario. Unfortunately, we were unable to locate records which respond to your request.”
FEDERAL FIREARM HAZARDOUS OCCURRENCE INVESTIGATION REPORTS – 2008-2018
Employment Canada ATIP Response dated November 5, 2019 – Received November 12, 2019 by Dennis R. Young
• 8 Firearm Fatalities Reported (see list and spreadsheet for details)
• 198 Disabling Injuries by Firearm Reported (See spreadsheet for details)
– 51 by the Royal Canadian Mounted Police
– 40 by Canada Border Services Agency
– 45 by the Correctional Service of Canada
– 6 by National Defence