Non-Returnable Warrants

Year
2008
Number
B5
Sponsor(s)
Vancouver

WHEREAS it is recognized that police officers throughout the Lower Mainland often come into contact with persons wanted on warrants, where the radius of the warrant is outside of their jurisdiction, and unless the jurisdiction issuing the warrant agrees to provide for transportation, these individuals will likely not ever be held accountable for the offence; AND WHEREAS it is further recognized that police officers are rarely successful in returning these persons to the issuing jurisdiction because the legal procedures for doing so are excessively cumbersome, time-consuming, and expensive: THEREFORE BE IT RESOLVED that the Union of BC Municipalities call upon British Columbias Attorney General and Solicitor General and the Federal Minister of Justice and the Minister of Public Safety to implement a program to assume responsibility for the return of persons wanted on warrants, where the radius of the warrant is outside of their jurisdiction, thereby enabling an operationally practical and cost-effective transportation policy and ensuring these individuals cannot bring the administration of justice into disrepute by simply fleeing to another jurisdiction.

Provincial Response

Ministry of Public Safety and Solicitor General The Province of British Columbia considers it a travesty that serious criminals can flout justice and move to commit crimes in British Columbia because other provinces will not cooperate to enforce out-of-province warrants. The Province has been aggressively pursuing serious action to address this problem and at the federalprovincial justice tables has led the development of a proposed change to the Criminal Code that would make it an offence to flee a warrant. The Province is also actively considering the cost-benefit of a province-wide program to transport serious offenders back to face justice.

Federal Response

Ministry of Justice and Attorney General of Canada Officials from the Department of Justice Canada are participating in a federal provincial territorial working group established to address the issue of non-returnable warrants. The working group, chaired by British Columbia is examining this issue in a comprehensive manner. Ministry of Public Safety At their September 2008 meeting, Federal, Provincial and Territorial Ministers responsible for Justice and Public Safety unanimously endorsed a recommendation to create a new offence under the Criminal Code of Canada for persons wanted on warrants leaving the issuing jurisdiction. Such an offence would create a transparent criminal record and emphasize the serious nature of this type of conduct. Officials at the federal Department of Justice are currently taking the steps necessary to move this recommendation forward. Resolution B5 calls for the Attorney General and Solicitor General of British Columbia and the Federal Minister of Justice and the Federal Minister of Public Safety to assume responsibility for the return of persons wanted on warrants. The creation of a new offence under the Criminal Code may be of assistance in the prosecution process. However, it should be noted that the enforcement of the offence, including the return of the person under warrant to the issuing jurisdiction and the associated costs, form part of the administration of justice which is solely a provincial responsibility.

Convention Decision
Endorsed