2011 Resolutions

#11-1 Support for Sustainable Public Policing....................................................... 2

#11- 2 Equitable Federal Funding for Municipal Police....................................... 2

#11-3 Support for Bill S-10........................................................................................... 3

#11- 4 Call for a National Firearms Control Strategy............................................. 3

#11- 5 Legislative Amendment to Criminalize the Injury or Killing of Police Service Animals 4

#11- 6 Prison Farms....................................................................................................... 5

#11-7 Amendment to the Criminal Code of Canada and the DNA Identification Act 6

#11- 8 Mental Health Strategy...................................................................................... 7

#11-9 Royal Canadian Mounted Police (RCMP) Oversight.................................. 7

#11- 10 Human Trafficking........................................................................................... 8

#11 – 11 700 MHz Broadband..................................................................................... 8

#11 – 12 Unexecuted DNA Orders........................................................................... 9

#11 – 13 Redirect Corrections Spending............................................................ 10

#11-1 Support for Sustainable Public Policing

Delta Police Board & Region of Peel Police Services Board

(similar resolutions were submitted by both boards)

WHEREAS the Coalition of Sustainable Public Policing which includes Canadian Association of Police Boards, Federation of Canadian Municipalities, Canadian Police Association and Canadian Association of Chiefs of Police are working to bring attention to the unsustainable model of police funding in Canada that sees the majority of policing costs funded by municipalities with an over-reliance on the property tax; and

WHEREAS, despite dedicated service from individual police officers, police services have not been able to keep pace with changing expectations resulting from the introduction of new legislation, technological advances, the increasing globalization of crime, the impact of judicial decisions and the unforeseen consequence of other government decisions; and

WHEREAS failure to address this issue will result in a continued dependence on bandage solutions that will inevitably lead to an erosion to the level and quality of policing that Canadians have come to expect and rely upon; and

WHEREAS any solution must include a fundamental review of the role and responsibilities of the Royal Canadian Mounted Police, given its current mandate of providing municipal and provincial policing, under contract, as well as discharging its full range of federal policing responsibilities;

THEREFORE BE IT RESOLVED that the Canadian Association of Police Boards calls upon the federal government to acknowledge the need for substantive change in the delivery and funding of police services in Canada;

FURTHER BE IT RESOLVED that the federal government convene a meeting of the three levels of government, along with those with expertise in the delivery of police services, namely the Canadian Association of Police Boards, the Canadian Association of Chiefs of Police and the Canadian Police Association, to identify a process that will lead to a modern and responsive funding model to meet priorities for all police services in Canada.

#11- 2 Equitable Federal Funding for Municipal Police

Victoria Police Board & Abbotsford Police Board

(similar resolutions were submitted by both boards)

WHEREAS, the RCMP contract with some municipalities in Canada to provide municipal policing services at a cost less than 100%; and

WHEREAS the majority of municipalities in Canada who choose to establish their own municipal forces pay 100% of the costs of policing;

THEREFORE BE IT RESOLVED that the Canadian Association of Police Boards urge the Federal Government to provide a strategy to ensure that municipalities who chose to establish their own municipal police force are afforded the same tax credit as other municipalities with a similar population who chose to contract with the RCMP.

#11-3 Support for Bill S-10

Abbotsford Police Board

WHEREAS, gang violence is a significant safety issue for many urban centers in Canada; and

WHEREAS, the importation, cultivation and manufacture of drugs is the primary means for organized crime groups and street gangs to make money to maintain their lifestyles; and

WHEREAS, these organized crime groups and street gangs use extreme violence to obtain market share, enforce their rules, collect drug debts, and cause a significant number of homicides across Canada; and

WHEREAS, Bill S-10 is legislation that focuses on increasing penalties for these predators, rather than the addicted.

THEREFORE BE IT RESOLVED that the Canadian Association of Police Boards strongly supports the provisions of Bill S-10 that will impose stricter penalties on those who are involved in organized crime or use violence or weapons in the importation, cultivation and manufacture of drugs.

#11- 4 Call for a National Firearms Control Strategy

Abbotsford Police Board

WHEREAS, the use of handguns and assault rifles by street gangs and organized crime groups is a significant safety issue in many urban centers across Canada; and

WHEREAS, the majority of the firearms used in these violent acts have been smuggled into Canada from the United States or by theft from registered owners; and

WHEREAS, these weapons are now part of the “stock & trade” of street gangs involved in the drug trade who use violence and the threat of violence to obtain market share and “settle” disputes; and

WHEREAS the current long gun registry is focused on controlling registered firearms in the hands of lawful owners and users of firearms.

THEREFORE BE IT RESOLVED by the Canadian Association of Police Boards: that the CAPB calls on the Federal Government to develop a national firearms control strategy that addresses this significant risk to public safety, and:

BE IT FURTHER RESOLVED that CAPB recommends that such a strategy have the following components:

Ø Develop and implement a comprehensive evidence-based strategy for controlling the flow of guns into the hands of criminal organizations.

Ø Make handguns prohibited and limit permitting to essential uses.

Ø Simplifies the powers of search for firearms under the Criminal Code, both with or without a search warrant.

Ø Resource and implement an enforcement strategy to reduce the smuggling of firearms into Canada.

#11- 5 Legislative Amendment to Criminalize the Injury or Killing of Police Service Animals

(Similar to Resolution #06-03 – On Injuring or Killing Law Enforcement Animals)

Vancouver Police Board

WHEREAS there is currently no legislation, in Canada, directed towards protecting police service animals; and,

WHEREAS this lack of legislation results in no form of deterrence or punishment when suspects or individuals attempt to kill, disable, or otherwise injure police service animals; and,

WHEREAS there are numerous jurisdictions in the United States of America that have successfully implemented legislation to protect service animals;

THEREFORE BE IT RESOLVED that the Canadian Association of Police Boards urge the Federal Government of Canada to amend the Criminal Code of Canada to specifically address the offences of injuring, disabling, and killing police service animals and also attempting such offences.

#11- 6 Prison Farms

Kingston Police Services Board

WHEREAS the federal government has announced a phased closure of all six prison farms, although prison farms have been part of the correctional system in Canada since the 1880s and the Mission Statement of the Correctional Service of Canada states that, as part of the criminal justice system and respecting the rule of law, it contributes to public safety by actively encouraging and assisting offenders to become law-abiding citizens, while exercising reasonable, safe, secure and humane control;

WHEREAS the Standing Committee on Public Safety and National Security has called upon the Minister of Public Safety to “refrain from taking any steps to sell, dismantle or reduce operations at any of Canada’s prison farms in any way, until independent experts have had an opportunity to fully review the value of the farm program and fully report in writing, to both the Minister of Public Safety and the Standing Committee on Public Safety and National Security, and that it be reported to the House of Commons”;

WHEREAS the Annual Report of the Office of the Correctional Investigator 2009–10, presented to the Minister of Public Safety on June 30, 2010, stated “Prison-based employment and vocational training programs, like the prison farm, offer transferable lessons and life-skills, such as the value and pride of completing an ‘honest’ day’s work, punctuality, self-discipline, dependability, self-respect and responsibility that go well beyond the vagaries of the marketplace. The Service [Correctional Service of Canada] would be well-advised to suspend the decision to close the prison farms until Parliamentarians have concluded their review of this issue”;

WHEREAS the House of Commons debate of December 1, 2010, reported the value of the prison farm program expressed by the communities in which prison farms are located, and Mental Health and Drug and Alcohol Addiction in the Federal Correctional System, a Report of the Standing Committee on Public Safety and National Security presented to the House of Commons on December 14, 2010, recommended that “Correctional Service Canada restore its prison farm program, which is an excellent rehabilitation tool, also serving as animal therapy”;

THEREFORE BE IT RESOLVED THAT in light of the rehabilitative potential of prison farms and the strong recommendations from the Standing Committee on Public Safety and National Security and the Office of the Correctional Investigator to continue their operation, the members of the Canadian Association of Police Boards urge the Minister of Public Safety Canada to propose a reversal of the federal government decision to close prison farms operated by the Correctional Service of Canada.

#11-7 Amendment to the Criminal Code of Canada and the DNA Identification Act

Calgary Police Commission

WHEREAS DNA Analysis is an invaluable tool in the investigation and prosecution of criminal offences, as well as the protection of society and the exoneration of the innocent, and it is in the public interest to have investigations proceed as expeditiously as possible, and;

WHEREAS the system established in the Criminal Code requiring a conviction for a primary designated offence and the issuance of a court order before a DNA sample can be collected is administratively cumbersome and results in considerable delay, and;

WHEREAS the court has limited jurisdiction to decline to order a DNA sample on a primary designated offence, and;

WHEREAS the delay between arrest and conviction can be lengthy and the consequent delay in the obtaining of a DNA sample can seriously compromise outstanding investigations;

THEREFORE BE IT RESOLVED that the Canadian Association of Police Boards urge the Federal Government of Canada to move forward with amendments to the Criminal Code of Canada and DNA Identification Act to allow for:

- The collection of DNA samples from any person lawfully charged for a primary designated offence, as defined in section 487.04 of the Criminal Code, by part (a) of the definition of “primary designated offences”; and

- The removal of that sample from the DNA Databank should the accused not be convicted of the offence (post appeal periods).

#11- 10 Human Trafficking

Abbotsford Police Board & Calgary Police Commission

(similar resolutions were submitted by both boards)

WHEREAS human trafficking is not only a significant problem world-wide, it is now known to be a substantial and growing problem within Canada, involving extensive and highly profitable systems of human trafficking networks across the country; and

WHEREAS the current laws in Canada need to be updated and widened in scope to rescue trafficked persons and prosecute human traffickers; and

WHEREAS programs are needed to assist both foreign and domestic victims attempting to escape traffickers; and

WHEREAS sex trafficking is one of the most common forms of trafficking in Canada and that many victims of this crime need specific assistance and counseling to break free from their captors;

THEREFORE BE IT RESOLVED that the Canadian Association of Police Boards urge Federal Government to develop a National Action Plan to Combat Human Trafficking.

#11 – 11 700 MHz Broadband

Calgary Police Commission & Region of Peel Police Services Board

(similar resolutions were submitted by both boards)

WHEREAS public safety organizations, including police services, fire departments and emergency medical services, rely on broadband communications to support their operations; and

WHEREAS currently, broadband is purchased through standard commercial services which may be compromised in an emergency situation, leading to the loss of critical links and applications; and

WHEREAS the mandatory transition for broadcasters from analog to digital television in Canada on August 30, 2011, will free up a very valuable portion of radio frequency in the 700MHz band; and

WHEREAS the 700MHz band is well suited to rural and suburban environments, as well as dense urban environments where building penetration is required;

THEREFORE BE IT RESOLVED that the Canadian Association of Police Boards urge the Federal Government, Industry Canada and the Federal Communications Commission to allocate a portion of the 700MHz band to public safety organizations to enable them to communicate within and across provinces using bandwidth under their control.

FURTHER BE IT RESOLVED that this resolution be submitted to the federal and provincial Ministers responsible for Public Safety, for Industry Canada and to the Prime Minister of Canada and the Premier of Ontario;

#11 – 12 Unexecuted DNA Orders

Calgary Police Commission

WHEREAS DNA Analysis is an invaluable tool in the investigation and prosecution of criminal offences, as well as the protection of society and the exoneration of the innocent; and

WHEREAS the DNA Identification Act became law on June 30, 2000; and

WHEREAS peace officers are responsible for executing DNA Orders issued by the courts “To Have Bodily Substances Taken”; and

WHEREAS there continue to be a number of legislative gaps in the processes related to DNA Orders and there are hundreds of outstanding DNA Orders across the country that have not been executed, potentially posing a serious threat to public safety;

THEREFORE BE IT RESOLVED that the Canadian Association of Police Boards urge the Federal Government of Canada to move forward with amendments to the Criminal Code to provide that:

- DNA Orders are valid until executed; and

- Unexecuted DNA Orders may be executed anywhere in Canada.

#11 – 13 Redirect Corrections Spending

Calgary Police Commission

WHEREAS there is an expected influx of inmates under the Federal Conservative’s new crime legislation and funds are being expended to expand Canada’s current prisons; and

WHEREAS additional funding for the Correctional Service of Canada is forthcoming to hire additional employees; and

WHEREAS this funding will hire additional correctional officers, parole officers and administrators but not the necessary health professionals or prevention and rehabilitation programs to reduce the need for prison expansion;

THEREFORE BE IT RESOLVED that the Canadian Association of Police Boards urge the Federal Government to expend corrections expansion funding on hiring the necessary health professionals in correctional settings, as well as develop prevention and rehabilitation programs; fund addictions and mental health treatment programs in the general and corrections population; and reduce the incidents of incarceration for those individuals who would best be addressed outside of the justice system.