CONCLUSION OF CAUGHT IN THE ACT

THE CONCLUSION FROM ANDRE MARIN
PARAGRAPH 273
It is therefore my conclusion, pursuant to subsection 21(1) of the Ombudsman Act, that the Ministry of Community Safety and Correctional Services promoted a regulation that "appears to be contrary to law" and not "in accordance with the provisions of any Act". It is also unreasonable to support the adoption of that regulation, given that it conferred unnecessary and constitutionally suspect police powers in the volatile and confrontational context of inevitable public protest. Moreover, the Ministry of Community Safety and Correctional Services unreasonably and unjustly failed, in advance of its enactment, to ensure both proper consultation with stakeholders and that the citizens of this province were aware of the highly exceptional police authority that had been conferred.
Paragraph 274
The government has already announced that the Public Works Protection Act will be reviewed, with full input from stakeholders. This is a welcome step in the right direction. I am making two specific recommendations that I believe should be considered in the context of this review.
Paragraph 275
My third recommendation is intended to address the Minister's failure to ensure proper communication of a regulation that effectively increased police powers. Generally, police authority is conferred through enactment of legislation, accompanied by the openness, transparency, and accountability inherent in the democratic system of government. There is a real and insidious danger associated with using subordinate legislation, passed behind closed doors, to increase police authority, and I believe that this practise should be sedulously avoided. However, I recognize that there may be rare, and urgent and pressing circumstances that justify using a regulation to bolster police authority. In the event that this occurs, it is imperative that the public be properly advised. In fact, in any case where police powers are extended, and particularly in protest situations, I believe that the public should be fully informed.