BILL NO. 36

(as introduced)

2nd Session, 63rd General Assembly
Nova Scotia
67 Elizabeth II, 2018

 

Private Member's Bill

 

Police Street Checks Act

 

Claudia Chender
Dartmouth South

First Reading: September 14, 2018

Second Reading:

Third Reading:

 

An Act Respecting
Police Street Checks

WHEREAS the Canadian Charter of Rights and Freedoms sets standards for interactions between all levels of government and government agencies with members of the public;

AND WHEREAS effective policing that serves and protects members of the public requires a strong basis of mutual trust between members of the public and police officers;

AND WHEREAS police officers rely on information provided by members of the public for investigative purposes;

AND WHEREAS the Government of Nova Scotia is committed to ending racism, and recognizes the existence of racial profiling in some interactions between police officers and African Nova Scotians in particular;

AND WHEREAS such interactions diminish public trust in the justice system, perpetuate negative stereotypes of criminality and race, and have the potential to further marginalize individuals and communities who have been previously disadvantaged;

THEREFORE be it enacted by the Governor and Assembly as follows:

1 This Act may be cited as the Police Street Checks Act.

2 In this Act,

(a) "Minister" means the Minister of Justice;

(b) "police officer" means a member of the Provincial Police, the Royal Canadian Mounted Police, a municipal police department or another police department providing policing services in the Province;

3 (1) Upon the coming into force of this Act and until such time as the Governor in Council makes regulations pursuant to subsection 7(1), police officers are prohibited from collecting, releasing or retaining identifying information about an individual who has not been arrested or charged with an offence.

(2) In furtherance of the duty to serve and protect, police officers shall interact with and rely on members of the public to provide investigative and intelligence information, provided the interaction is consensual on the part of the member of the public.

(3) For greater certainty, subsections (1) and (2) do not apply to individuals driving motor vehicles detained at random checkpoints designated for every passing motor vehicle.

(4) A police officer may for the use of that police officer make a record of the interactions with members of the public.

4 The Minister shall appoint a panel consisting of at least three persons at least one of whom must be a representative of the African Nova Scotian community of the Province.

5 (1) The Minister shall prepare and provide to the panel proposed rules governing the collection, release and retention of identifying information about an individual who has not been arrested or charged with an offence.

(2) The Minister shall provide the panel with a copy of all reports received from the Nova Scotia Human Rights Commission regarding police street checks.

6 (1) The panel shall conduct consultations with stakeholders and the general public on or before September 1, 2019, on

(a) the proposed rules prepared by the Minister governing the collection, release and retention of identifying information about an individual who has not been arrested or charged with an offence; and

(b) whether existing records respecting identifying information about individuals who have not been arrested or charged with an offence should be retained and, if records are retained, what conditions or restrictions should be attached to the retention of and access to those records.

(2) The panel shall review and consider reports received pursuant to subsection 5(2) and prepare a report containing a summary of the consultations held pursuant to subsection (1).

(3) The report prepared pursuant to subsection (2) must be filed with the Minister on or before June 1, 2020, and shall be made public by the panel within 30 days of the filing with the Minister.

7 (1) The Governor in Council shall make regulations pursuant to the Police Act, effective September 1, 2020, prescribing the processes and parameters for the collection, release and retention of identifying information about individuals who have not been arrested or charged with an offence.

(2) Upon the coming into force of the regulations referred to in subsection (1), an agency, as defined in the Police Act, shall destroy any records collected prior to the coming into force of those regulations, if the collection of those records would have been in contravention of those regulations had they been in force at the time of collection, unless the Minister has been advised by the panel regarding rules respecting the preservation of records to be adopted to further historical or other research.

8 The money required for the purpose of this Act must be paid out of money appropriated for that purpose by the Legislature.

9 Subsection 24(1) of N.S. Reg. 230/2005, the Police Regulations, made pursuant to subsection 97(1) of the Police Act, is amended by adding immediately after clause (b) the following clause:

(ba) violating any provision of the Canadian Charter of Rights and Freedoms;

10 (1) Form 1 of N.S. Reg. 230/2005 is amended by adding "uphold the Constitution of Canada including the Canadian Charter of Rights and Freedoms," immediately after "my power," in the third line.

(2) Form 2 of N.S. Reg. 230/2005 is amended by adding "uphold the Constitution of Canada including the Canadian Charter of Rights and Freedoms and" immediately after "I will," in the third line.

 

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This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2018 Crown in right of Nova Scotia. Created September 14, 2018. Send comments to legc.office@novascotia.ca.