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.