CITY HALL OFFICE OF THE MAYOR VANCOUVER 22 July 1997 MEMO TO: Members of Council FROM: Mayor Philip W. Owen RE: FCM Resolutions Crime and criminal activity present perhaps the single greatest challenge to the integrity of our communities. Organized crime, drug traffickers, and gangs are sophisticated and ruthless. Pervasive property crimes - theft of automobiles, theft from autos, breaking and entering - are part of the experience of most members of our community. To many residents, our justice system appears impotent in the face of this activity. The Charter of Rights and Freedoms has tilted the balance in favour of individual rights over community rights. Our legislative base for enforcement against crime does not provide the tools our police departments need, and the Courts are constrained or choose not to apply sanctions that the community believes are appropriate. The Charter precludes introduction of evidence in court proceedings which is obtained in a manner which infringes the Charter if the admission of it in the proceedings would bring the administration of justice into disrepute . Courts are precluded from drawing any inference from the failure of an accused person to testify. The protection against unreasonable search and seizure has been interpreted to limit the grounds for police action to a significant degree. The protection against self-incrimination has reduced the number of charges that can be prosecuted successfully and extended the duration of a prosecution for those that can. At the same time, the Charter protects the life, liberty, and security of the person. It protects freedom of association and expression. But these rights are removed from law abiding members of our community by the prevalence of crime. Many people avoid areas of the City to avoid visible evidence of drug activity and prostitution. Some elderly people and women avoid going out at night, or to certain areas of the City, because they fear criminal activity. /...2 - 2 - The Charter is an important document, and the protections it provides to individuals are essential, but the balance is wrong. The collective rights of our community and our law abiding citizens must be given greater weight relative to the rights of individuals accused of crime. Our citizens do not believe the justice system is effective - in fact, the administration of justice is now in disrepute. The balance is not just a legal question, it is a question of community values. And, it is a difficult issue. The courts struggle with the balance, and to assist them we need to help clarify our values. I am proposing that we submit two resolutions to FCM in this regard. Both resolutions are intended to demonstrate the seriousness of this issue for our community, and to point to possible solutions. The first resolution (a) is directed to the interpretation of the Charter, and advises the judiciary of our view of the direction the courts should move in balancing the rights of individuals and the community. The second (b) is directed to the existing legislative base for enforcement against crime, and urges that the Minister of Justice take steps to implement legislation which will provide the tools we require, including utilization of the five year exemption from specific Charter provisions offered by section 33 of the Charter. I RECOMMEND that Council endorse these motions and forward them to FCM. Philip W. Owen, MAYOR (A) INTERPRETATION OF THE CHARTER WHEREAS the presence of organized and individual criminal activity threatens the sense of security of our communities; and WHEREAS the application of the Charter of Rights and Freedoms has reduced the effectiveness of our police agencies and the justice system to control crime, to the detriment of our communities; and WHEREAS our inability to enforce effectively against criminal activity has resulted in a loss of confidence in the justice system; THEREFORE BE IT RESOLVED THAT the Federation of Canadian Municipalities request the Minister of Justice introduce legislation to increase the effectiveness of law enforcement, utilizing where necessary section 33 of the Charter of Rights and Freedoms to limit in a selective fashion the application of the Charter to correspond more closely with the values of our communities and our law abiding citizens. (b) ENFORCEMENT AGAINST CRIME WHEREAS communities where people feel secure, are able to come and go at will, and have faith in their institutions to protect them are central to our vision of Canada; and WHEREAS the visible presence of criminal activity and its direct and indirect impacts on the people of our communities are challenging their security, their freedom to live their lives free from the impact of criminal behaviour, and their freedom to come and go at will, such that the fabric of the community is threatened and the administration of justice is in disrepute in the community; and WHEREAS the balance between the rights of individuals and the rights of the larger community is established in the Canadian Charter of Rights and Freedoms; and WHEREAS the interpretation and application of the Charter of Rights and Freedoms is vested in the Judiciary; THEREFORE BE IT RESOLVED THAT the Federation of Canadian Municipalities respectfully advise the Justices of the Supreme Court of Canada, the Federal Court, and the Provincial Courts that the communities of Canada are threatened by criminal activity, and request that the interests of the community and its law abiding members receive greater weight in their deliberations.