A new cabinet bill relating to national parks violates the Charter and would constitute unreasonable search and seizure, according to Conservative MPs.
The obscure bill, C-23: An Act respecting places, persons and events of national historic significance or national interest, archaeological resources and cultural and natural heritage, presented by federal environment minister Steven Guilbeault, would allow wardens to “enter any place” without a warrant.
Section 41 of the bill states a park 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 to that use of the property.”
Another section of the bill allows for a “seized thing” to be forfeited if ownership cannot be determined within 30 days of when it is seized.
Warrantless Searches
Besides proposing administrative changes at the National Historic Sites and Monuments Board, the bill would allow park wardens to “open and examine any package,” and give them immunity from lawsuits for warrantless searches, provided they are “done in good faith.”
According to Blacklock’s Reporter, Conservative MP Marilyn Gladu has proposed that cabinet “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,” stated B.C. Liberal MP John Aldag, 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,” he said.
Alberta Conservative MP Damien Kurek said, “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.”
In a document tabled Oct. 24 in the House of Commons, the minister of justice confirmed the bill allows park wardens or enforcement officers to enter and search any place, and seize anything, with a warrant, and even without.
“The Act would also authorize the exercise of such powers without a warrant if the conditions for obtaining a warrant exist, but it would not be practical to obtain one by reason of pressing circumstances,” said the statement.
The statement said the bill empowers wardens to enter and search private property “if it is expected to provide evidence” a crime has occurred.
In the view of the federal justice department, the bill is constitutional. The bill is still going through reading in the legislature and is waiting for second reading debate.
