COMM-1

                                                          CITY OF VANCOUVER







                     M E M O R A N D U M

     FROM:            City Clerk's Office                                         DATE:   January 24, 1997
                                                                                  FILE                                                                                     :    3253-1

     TO:              Vancouver City Council



     SUBJECT:         FCM Resolutions


              The following FCM resolution has been submitted for Council's consideration, for the FCM Annual Conference in
     June 1997:

                      Resolution                                         Submitted by

              (a)     Warrant Radii Issued for                   Chief Constable
                      Criminal Code Offences


              The deadline for submission of resolutions is February 10, 1997.






                                                                 CITY CLERK




     Att.

                                                                                                                          (a)



                                           WARRANT RADII ISSUED FOR CRIMINAL CODE OFFENCES


     WHEREAS many individuals, to avoid arrest and hence prosecution,  flee the jurisdiction for which a warrant for their
     arrest is in effect; and

     WHEREAS the radius of a warrant for a particular criminal offence varies between jurisdictions resulting in an
     inconsistent approach to law enforcement across Canada; and

     WHEREAS the inconsistent radii of issued warrants for arrests results in costs not equitably being shared by issuing
     jurisdictions and allow criminals to avoid arrest and prosecution;

     THEREFORE BE IT RESOLVED that the City of Vancouver urge the Government of Canada in conjuction with all the Provincial
     Attorney Generals, to commit to adopting a national policy for establishing warrant radii across jurisdictions and hence
     ensuring a consistent approach to enforcement of the law.

                                                       Non-returnable Warrants
                                                      (Background Information)


     Issue
     Travelling criminals wanted on  non-returnable warrants create problems and costs for the City of Vancouver.   These
     problems and costs are not restricted to Vancouver.  However, the transfer of costs appears to be inequitable, with some
     communities absorbing higher costs than others.

     Background
     In order for the police to arrest anyone there must be a statutory power of arrest.  For a warrant arrest to occur, the
     warrant must be in effect within the jurisdiction the police encounters the individual.  Otherwise, the issuing agency
     must extend the radius of the warrant to detain the individual. The multi jurisdictional nature of this issue is a
     significant impediment, as cooperation between the different agencies has historically not been easy. 

     Typically, in issuing a warrant, Vancouver sets the largest radius than any other jurisdiction. The radius for a warrant
     is determined by Crown Counsel after consultation with the police.  Most indictable offences are set Canada wide and dual
     offences are usually province wide.  In comparison, many jurisdictions outside of BC will issue warrants with radii as
     little as 200 km outside the issuing agency.

     Costs
     The cost of returning a person wanted on a warrant is absorbed by the jurisdiction issuing the warrant.  It could be
     argued that the costs associated to escorting those arrested outside the issuing jurisdiction is a large factor in
     determining warrant radii.  It also appears that many jurisdictions use non-returnable warrants as a modern form of
     banishment.  Many people wanted on non-returnable warrants continue to be criminally active outside the issuing
     jurisdiction.  This creates further costs to the communities.  

     Applicable legislation/regulation
     Criminal Code of Canada - amend sections relating to powers of arrest and warrants (for example sections 495 and 514).

     What s been done so far?
     Crown Counsel and the Vancouver Police Department produced a radius guideline list for common offences.  In most cases it
     would be either BC wide or Canada wide.  The Lower Mainland radius was eliminated.  This has resulted in an increase in
     waived charges.


                                                                                                                         cont'd
                                                                - 2 -



     In a report submitted by a joint Federal/Provincial Task force examining trans-jurisdictional issues, recommendations
     were proposed that the Criminal Code of Canada be amended to legislate a uniform response to mobile criminals.

     What needs to be done?
     A national approach to this problem is required.  The federal government should give further legal authority to local
     agencies regarding powers of arrest.  It should also address the cost issue created by the imbalance in the number of
     fugitives across provinces.  A reciprocal agreement between the provinces is one solution.  However, it would require the
     federal government to take the initiative due to the historical lack of cooperation between the provinces on this issue. 
     In addition, a new offence of fleeing a jurisdiction to escape prosecution needs to be considered.  It would help
     eliminate the opportunity of avoiding prosecution. 

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