An innocuous cabinet bill on national parks violates the Charter Of Rights, say Conservative MPs. The bill grants park wardens the powers to search vehicles or “enter any place” without a Court order, according to Blacklock's Reporter..“This is contrary to section eight of the Charter,” Conservative MP Marilyn Gladu (Sarnia-Lambton, Ont.) told the House of Commons. Section eight states “everyone has the right to be secure against unreasonable search or seizure.”.Bill C-23 An Act Respecting Places, Persons And Events Of National Historic Significance proposes administrative changes at the National Historic Sites and Monuments Board. It includes a clause stating any Parks Canada warden “may enter on and pass through or over private property without being liable for doing so and without any person having the right to object.”.The bill also states park wardens may “open and examine any package” and cannot be sued for warrantless searches “done in good faith.” Gladu questioned if cabinet “would be willing to take that part out of the bill since it is in violation of people’s Charter rights.”.“Of course, we want the legislation to be compliant with the Charter,” replied Liberal MP John Aldag (Cloverdale-Langley City, B.C.), chair of the Commons natural resources committee. “That is what this process is about, to make sure that flags are identified and any conflicts are resolved.”.“We need to get it to committee so these types of questions can be studied and perhaps amendments made,” said Aldag. “We want to have good, solid legislation.”.Cabinet has not explained why it included new search powers in the parks bill. Conservative MP Damien Kurek (Battle River-Crowfoot, Alta.) told the House of Commons the measures “give expansive powers” to the government..“Forgive me for being a little hesitant to grant powers and wide-reaching and expansive powers to the minister, in this case the Minister of the Environment who has not necessarily demonstrated that he can be trusted to ensure that those powers will be respected,” said Kurek..The Department of Justice in a Charter Statement tabled October 25 in the Commons said it was satisfied the bill was constitutional. “Warrantless searches or seizures would only be permitted where grounds for obtaining a warrant exist but by reason of pressing circumstances it would not be practical to obtain one,” wrote staff..“Bill C-23 proposes to authorize park wardens or enforcement officers to enter and search any place and seize anything by way of a warrant in relation to which it is believed an offence under the Act has been committed or that is expected to provide evidence of such an offence,” said the Charter Statement..Parks Canada wardens have been armed since 2009. The Charter Statement said wardens were considered peace officers.
An innocuous cabinet bill on national parks violates the Charter Of Rights, say Conservative MPs. The bill grants park wardens the powers to search vehicles or “enter any place” without a Court order, according to Blacklock's Reporter..“This is contrary to section eight of the Charter,” Conservative MP Marilyn Gladu (Sarnia-Lambton, Ont.) told the House of Commons. Section eight states “everyone has the right to be secure against unreasonable search or seizure.”.Bill C-23 An Act Respecting Places, Persons And Events Of National Historic Significance proposes administrative changes at the National Historic Sites and Monuments Board. It includes a clause stating any Parks Canada warden “may enter on and pass through or over private property without being liable for doing so and without any person having the right to object.”.The bill also states park wardens may “open and examine any package” and cannot be sued for warrantless searches “done in good faith.” Gladu questioned if cabinet “would be willing to take that part out of the bill since it is in violation of people’s Charter rights.”.“Of course, we want the legislation to be compliant with the Charter,” replied Liberal MP John Aldag (Cloverdale-Langley City, B.C.), chair of the Commons natural resources committee. “That is what this process is about, to make sure that flags are identified and any conflicts are resolved.”.“We need to get it to committee so these types of questions can be studied and perhaps amendments made,” said Aldag. “We want to have good, solid legislation.”.Cabinet has not explained why it included new search powers in the parks bill. Conservative MP Damien Kurek (Battle River-Crowfoot, Alta.) told the House of Commons the measures “give expansive powers” to the government..“Forgive me for being a little hesitant to grant powers and wide-reaching and expansive powers to the minister, in this case the Minister of the Environment who has not necessarily demonstrated that he can be trusted to ensure that those powers will be respected,” said Kurek..The Department of Justice in a Charter Statement tabled October 25 in the Commons said it was satisfied the bill was constitutional. “Warrantless searches or seizures would only be permitted where grounds for obtaining a warrant exist but by reason of pressing circumstances it would not be practical to obtain one,” wrote staff..“Bill C-23 proposes to authorize park wardens or enforcement officers to enter and search any place and seize anything by way of a warrant in relation to which it is believed an offence under the Act has been committed or that is expected to provide evidence of such an offence,” said the Charter Statement..Parks Canada wardens have been armed since 2009. The Charter Statement said wardens were considered peace officers.
