The government and police are downplaying the potential ramifications of the mistake. They maintain it has not affected any drug investigations and say they are not aware of it affecting any cases before the courts. At the heart of the problem are regulations designed to protect police officers who are required to commit crimes during undercover investigations. In the late 1990s, exceptions were adopted to protect the police from criminal liability when they are required to do things like buy or sell drugs as part of an investigation. But when the Liberal government updated the Controlled Drugs and Substances Act in 2017 and then legalized cannabis in 2018, it failed to update those regulations. As a result, between 2017 and just a few weeks ago — when the government moved to correct its mistake — undercover police officers across Canada were not legally protected from criminal liability for certain things they might have been called upon to do. do as part of a survey. In a notice published in the Canada Gazette on August 3, the government warned that new regulations needed to be adopted because the error “may jeopardize law enforcement operations and the successful prosecution of criminal offenses committed under these Acts.” . “In light of the missing exemptions, a number of criminal investigations involving Canadian citizens or Canadian companies operating on Canadian soil could not be conducted by the RCMP,” the government wrote.
Police activities were put on hold by mistake
It said police investigative activities affected by the oversight “may have occurred in the past but are not currently being performed and will not be performed in the absence of the regulatory proposal.” The release said investigations into the drugs are ongoing. “However, law enforcement members working undercover may not provide anything related to the possession, manufacture, sale or importation of anything intended to be used to traffic controlled substances (eg: encrypted cell phones, cars with hidden compartments or pill press) to continue their investigations as this would lead to possible criminal liability,” the government wrote. “There is nothing currently preventing law enforcement from prosecuting drug-related cases. However, the quality of evidence that can be obtained is limited by the inability to use these additional tools that will provide the best evidence.” The regulations proposed to correct the mistake will also help Canadian police officers work with police in other countries that do not face the same restriction, the government added. The updated regulations are now in effect.
“No negative impact” on court cases: Govt
According to Statistics Canada, 143,892 people were charged with various drug-related offenses between 2018 and 2021. It is not known how many of those cases may have involved undercover officers who committed crimes during an investigation — crimes that would have been affected by the government’s mistake. It is also not known if any of these charges arose from undercover police investigations conducted before the oversight was revealed. Nic Defalco, a spokesman for Public Safety Canada, said the problem was discovered “during the routine engagement of the Public Prosecutor’s Office of Canada (PPSC) in police investigations” and “had no negative consequences for drug investigation cases before the courts”. The PPSC refuses to say when the error was discovered or how it occurred. Attorney Jack Lloyd, who specializes in drug cases, said the legal community was unaware of the federal government’s mistake. He said it could affect many cases investigated during that time. “Hundreds, if not thousands of cases … I have dozens,” Lloyd said.
The mistake could lead to lighter sentences: lawyer
Lloyd said the error could complicate cases for Crown prosecutors and would likely be used by defense lawyers to secure better deals for their clients. “It’s a pretty serious problem, so they’ll be motivated to resolve things in a way that all parties can agree to,” Lloyd said. “And so that there is no prison, no criminal record, things of that nature.” Attorney Jack Lloyd says the government’s mistake could affect hundreds or thousands of drug cases before the courts. (Martin Trainor/CBC) Eugene Oscapella, a University of Ottawa professor and drug law expert, said some defense lawyers may try to use the government’s mistake to get the cases thrown out. “I suspect some defense attorneys will try to use that to dismiss the case as an abuse of process. But I don’t think they’ll be that successful,” he said. “I think what might happen is… [judges] he can simply send it back to the trial court to retry the case.” University of Ottawa professor Eugene Oscapella says defense lawyers may try to get the drug charges thrown out because of the government’s mistake, but he’s not convinced they’ll succeed. (Radio-Canada) Rachel Huggins, deputy director of the Ontario Provincial Police and co-chair of the Canadian Association of Chiefs of Police Drug Advisory Committee, said she doesn’t think the federal government’s mistake will have much of an impact because only a few of the investigative techniques affected by the error of the techniques open to the police. “Police officers have (many) investigative tools and techniques, not just one,” he said. “So there’s been very little impact from that inadvertent omission and, in fact, I think it’s beneficial that it’s been recognized that there was that omission and that it’s now being addressed in the police enforcement regulations.” RCMP spokeswoman Camille Boily-Lavoie said the force is “unaware of any prosecutions affected by the language of the previous regulations.”
title: “A Federal Regulatory Blunder Could Affect An Unknown Number Of Drug Cases Klmat” ShowToc: true date: “2022-11-03” author: “Janine Thomas”
The government and police are downplaying the potential ramifications of the mistake. They maintain it has not affected any drug investigations and say they are not aware of it affecting any cases before the courts. At the heart of the problem are regulations designed to protect police officers who are required to commit crimes during undercover investigations. In the late 1990s, exceptions were adopted to protect the police from criminal liability when they are required to do things like buy or sell drugs as part of an investigation. But when the Liberal government updated the Controlled Drugs and Substances Act in 2017 and then legalized cannabis in 2018, it failed to update those regulations. As a result, between 2017 and just a few weeks ago — when the government moved to correct its mistake — undercover police officers across Canada were not legally protected from criminal liability for certain things they might have been called upon to do. do as part of a survey. In a notice published in the Canada Gazette on August 3, the government warned that new regulations needed to be adopted because the error “may jeopardize law enforcement operations and the successful prosecution of criminal offenses committed under these Acts.” . “In light of the missing exemptions, a number of criminal investigations involving Canadian citizens or Canadian companies operating on Canadian soil could not be conducted by the RCMP,” the government wrote.
Police activities were put on hold by mistake
It said police investigative activities affected by the oversight “may have occurred in the past but are not currently being performed and will not be performed in the absence of the regulatory proposal.” The release said investigations into the drugs are ongoing. “However, law enforcement members working undercover may not provide anything related to the possession, manufacture, sale or importation of anything intended to be used to traffic controlled substances (eg: encrypted cell phones, cars with hidden compartments or pill press) to continue their investigations as this would lead to possible criminal liability,” the government wrote. “There is nothing currently preventing law enforcement from prosecuting drug-related cases. However, the quality of evidence that can be obtained is limited by the inability to use these additional tools that will provide the best evidence.” The regulations proposed to correct the mistake will also help Canadian police officers work with police in other countries that do not face the same restriction, the government added. The updated regulations are now in effect.
“No negative impact” on court cases: Govt
According to Statistics Canada, 143,892 people were charged with various drug-related offenses between 2018 and 2021. It is not known how many of those cases may have involved undercover officers who committed crimes during an investigation — crimes that would have been affected by the government’s mistake. It is also not known if any of these charges arose from undercover police investigations conducted before the oversight was revealed. Nic Defalco, a spokesman for Public Safety Canada, said the problem was discovered “during the routine engagement of the Public Prosecutor’s Office of Canada (PPSC) in police investigations” and “had no negative consequences for drug investigation cases before the courts”. The PPSC refuses to say when the error was discovered or how it occurred. Attorney Jack Lloyd, who specializes in drug cases, said the legal community was unaware of the federal government’s mistake. He said it could affect many cases investigated during that time. “Hundreds, if not thousands of cases … I have dozens,” Lloyd said.
The mistake could lead to lighter sentences: lawyer
Lloyd said the error could complicate cases for Crown prosecutors and would likely be used by defense lawyers to secure better deals for their clients. “It’s a pretty serious problem, so they’ll be motivated to resolve things in a way that all parties can agree to,” Lloyd said. “And so that there is no prison, no criminal record, things of that nature.” Attorney Jack Lloyd says the government’s mistake could affect hundreds or thousands of drug cases before the courts. (Martin Trainor/CBC) Eugene Oscapella, a University of Ottawa professor and drug law expert, said some defense lawyers may try to use the government’s mistake to get the cases thrown out. “I suspect some defense attorneys will try to use that to dismiss the case as an abuse of process. But I don’t think they’ll be that successful,” he said. “I think what might happen is… [judges] he can simply send it back to the trial court to retry the case.” University of Ottawa professor Eugene Oscapella says defense lawyers may try to get the drug charges thrown out because of the government’s mistake, but he’s not convinced they’ll succeed. (Radio-Canada) Rachel Huggins, deputy director of the Ontario Provincial Police and co-chair of the Canadian Association of Chiefs of Police Drug Advisory Committee, said she doesn’t think the federal government’s mistake will have much of an impact because only a few of the investigative techniques affected by the error of the techniques open to the police. “Police officers have (many) investigative tools and techniques, not just one,” he said. “So there’s been very little impact from that inadvertent omission and, in fact, I think it’s beneficial that it’s been recognized that there was that omission and that it’s now being addressed in the police enforcement regulations.” RCMP spokeswoman Camille Boily-Lavoie said the force is “unaware of any prosecutions affected by the language of the previous regulations.”
title: “A Federal Regulatory Blunder Could Affect An Unknown Number Of Drug Cases Klmat” ShowToc: true date: “2022-11-07” author: “Fred Boyle”
The government and police are downplaying the potential ramifications of the mistake. They maintain it has not affected any drug investigations and say they are not aware of it affecting any cases before the courts. At the heart of the problem are regulations designed to protect police officers who are required to commit crimes during undercover investigations. In the late 1990s, exceptions were adopted to protect the police from criminal liability when they are required to do things like buy or sell drugs as part of an investigation. But when the Liberal government updated the Controlled Drugs and Substances Act in 2017 and then legalized cannabis in 2018, it failed to update those regulations. As a result, between 2017 and just a few weeks ago — when the government moved to correct its mistake — undercover police officers across Canada were not legally protected from criminal liability for certain things they might have been called upon to do. do as part of a survey. In a notice published in the Canada Gazette on August 3, the government warned that new regulations needed to be adopted because the error “may jeopardize law enforcement operations and the successful prosecution of criminal offenses committed under these Acts.” . “In light of the missing exemptions, a number of criminal investigations involving Canadian citizens or Canadian companies operating on Canadian soil could not be conducted by the RCMP,” the government wrote.
Police activities were put on hold by mistake
It said police investigative activities affected by the oversight “may have occurred in the past but are not currently being performed and will not be performed in the absence of the regulatory proposal.” The release said investigations into the drugs are ongoing. “However, law enforcement members working undercover may not provide anything related to the possession, manufacture, sale or importation of anything intended to be used to traffic controlled substances (eg: encrypted cell phones, cars with hidden compartments or pill press) to continue their investigations as this would lead to possible criminal liability,” the government wrote. “There is nothing currently preventing law enforcement from prosecuting drug-related cases. However, the quality of evidence that can be obtained is limited by the inability to use these additional tools that will provide the best evidence.” The regulations proposed to correct the mistake will also help Canadian police officers work with police in other countries that do not face the same restriction, the government added. The updated regulations are now in effect.
“No negative impact” on court cases: Govt
According to Statistics Canada, 143,892 people were charged with various drug-related offenses between 2018 and 2021. It is not known how many of those cases may have involved undercover officers who committed crimes during an investigation — crimes that would have been affected by the government’s mistake. It is also not known if any of these charges arose from undercover police investigations conducted before the oversight was revealed. Nic Defalco, a spokesman for Public Safety Canada, said the problem was discovered “during the routine engagement of the Public Prosecutor’s Office of Canada (PPSC) in police investigations” and “had no negative consequences for drug investigation cases before the courts”. The PPSC refuses to say when the error was discovered or how it occurred. Attorney Jack Lloyd, who specializes in drug cases, said the legal community was unaware of the federal government’s mistake. He said it could affect many cases investigated during that time. “Hundreds, if not thousands of cases … I have dozens,” Lloyd said.
The mistake could lead to lighter sentences: lawyer
Lloyd said the error could complicate cases for Crown prosecutors and would likely be used by defense lawyers to secure better deals for their clients. “It’s a pretty serious problem, so they’ll be motivated to resolve things in a way that all parties can agree to,” Lloyd said. “And so that there is no prison, no criminal record, things of that nature.” Attorney Jack Lloyd says the government’s mistake could affect hundreds or thousands of drug cases before the courts. (Martin Trainor/CBC) Eugene Oscapella, a University of Ottawa professor and drug law expert, said some defense lawyers may try to use the government’s mistake to get the cases thrown out. “I suspect some defense attorneys will try to use that to dismiss the case as an abuse of process. But I don’t think they’ll be that successful,” he said. “I think what might happen is… [judges] he can simply send it back to the trial court to retry the case.” University of Ottawa professor Eugene Oscapella says defense lawyers may try to get the drug charges thrown out because of the government’s mistake, but he’s not convinced they’ll succeed. (Radio-Canada) Rachel Huggins, deputy director of the Ontario Provincial Police and co-chair of the Canadian Association of Chiefs of Police Drug Advisory Committee, said she doesn’t think the federal government’s mistake will have much of an impact because only a few of the investigative techniques affected by the error of the techniques open to the police. “Police officers have (many) investigative tools and techniques, not just one,” he said. “So there’s been very little impact from that inadvertent omission and, in fact, I think it’s beneficial that it’s been recognized that there was that omission and that it’s now being addressed in the police enforcement regulations.” RCMP spokeswoman Camille Boily-Lavoie said the force is “unaware of any prosecutions affected by the language of the previous regulations.”
title: “A Federal Regulatory Blunder Could Affect An Unknown Number Of Drug Cases Klmat” ShowToc: true date: “2022-11-04” author: “Susan Dinsmoor”
The government and police are downplaying the potential ramifications of the mistake. They maintain it has not affected any drug investigations and say they are not aware of it affecting any cases before the courts. At the heart of the problem are regulations designed to protect police officers who are required to commit crimes during undercover investigations. In the late 1990s, exceptions were adopted to protect the police from criminal liability when they are required to do things like buy or sell drugs as part of an investigation. But when the Liberal government updated the Controlled Drugs and Substances Act in 2017 and then legalized cannabis in 2018, it failed to update those regulations. As a result, between 2017 and just a few weeks ago — when the government moved to correct its mistake — undercover police officers across Canada were not legally protected from criminal liability for certain things they might have been called upon to do. do as part of a survey. In a notice published in the Canada Gazette on August 3, the government warned that new regulations needed to be adopted because the error “may jeopardize law enforcement operations and the successful prosecution of criminal offenses committed under these Acts.” . “In light of the missing exemptions, a number of criminal investigations involving Canadian citizens or Canadian companies operating on Canadian soil could not be conducted by the RCMP,” the government wrote.
Police activities were put on hold by mistake
It said police investigative activities affected by the oversight “may have occurred in the past but are not currently being performed and will not be performed in the absence of the regulatory proposal.” The release said investigations into the drugs are ongoing. “However, law enforcement members working undercover may not provide anything related to the possession, manufacture, sale or importation of anything intended to be used to traffic controlled substances (eg: encrypted cell phones, cars with hidden compartments or pill press) to continue their investigations as this would lead to possible criminal liability,” the government wrote. “There is nothing currently preventing law enforcement from prosecuting drug-related cases. However, the quality of evidence that can be obtained is limited by the inability to use these additional tools that will provide the best evidence.” The regulations proposed to correct the mistake will also help Canadian police officers work with police in other countries that do not face the same restriction, the government added. The updated regulations are now in effect.
“No negative impact” on court cases: Govt
According to Statistics Canada, 143,892 people were charged with various drug-related offenses between 2018 and 2021. It is not known how many of those cases may have involved undercover officers who committed crimes during an investigation — crimes that would have been affected by the government’s mistake. It is also not known if any of these charges arose from undercover police investigations conducted before the oversight was revealed. Nic Defalco, a spokesman for Public Safety Canada, said the problem was discovered “during the routine engagement of the Public Prosecutor’s Office of Canada (PPSC) in police investigations” and “had no negative consequences for drug investigation cases before the courts”. The PPSC refuses to say when the error was discovered or how it occurred. Attorney Jack Lloyd, who specializes in drug cases, said the legal community was unaware of the federal government’s mistake. He said it could affect many cases investigated during that time. “Hundreds, if not thousands of cases … I have dozens,” Lloyd said.
The mistake could lead to lighter sentences: lawyer
Lloyd said the error could complicate cases for Crown prosecutors and would likely be used by defense lawyers to secure better deals for their clients. “It’s a pretty serious problem, so they’ll be motivated to resolve things in a way that all parties can agree to,” Lloyd said. “And so that there is no prison, no criminal record, things of that nature.” Attorney Jack Lloyd says the government’s mistake could affect hundreds or thousands of drug cases before the courts. (Martin Trainor/CBC) Eugene Oscapella, a University of Ottawa professor and drug law expert, said some defense lawyers may try to use the government’s mistake to get the cases thrown out. “I suspect some defense attorneys will try to use that to dismiss the case as an abuse of process. But I don’t think they’ll be that successful,” he said. “I think what might happen is… [judges] he can simply send it back to the trial court to retry the case.” University of Ottawa professor Eugene Oscapella says defense lawyers may try to get the drug charges thrown out because of the government’s mistake, but he’s not convinced they’ll succeed. (Radio-Canada) Rachel Huggins, deputy director of the Ontario Provincial Police and co-chair of the Canadian Association of Chiefs of Police Drug Advisory Committee, said she doesn’t think the federal government’s mistake will have much of an impact because only a few of the investigative techniques affected by the error of the techniques open to the police. “Police officers have (many) investigative tools and techniques, not just one,” he said. “So there’s been very little impact from that inadvertent omission and, in fact, I think it’s beneficial that it’s been recognized that there was that omission and that it’s now being addressed in the police enforcement regulations.” RCMP spokeswoman Camille Boily-Lavoie said the force is “unaware of any prosecutions affected by the language of the previous regulations.”
