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2 FEDERAL ocument ong to the Crown. the FORCEMENT UNDER REVIEVV Anit rp Govemment of Canada Gouvernement du Canada!st No. 1 / March 1990 FROM DYNAMITE TO CHR s 'rum, RACKERS Explosives Division has seen rapid growth in explosives To most of us, explosives are dynamite and bombs. But to the Explosives Division of Energy, Mines and Resources (EMR), explosives include model rocket engines, devices that inflate air bags in cars, Christmas crackers, and pyrotechnic devices that produce special effects for rock concerts. And that's just the beginning. The uses for explosives are, well, exploding. "Anywhere you need power you can use explosives," says J.T. desrivières, Senior Inspector of Explosives with the Explosives Division. He has compiled a list of 102 common non-military uses for explosives, in 18 broad categories. And the applications are growing all the time. Recently he heard about a doctor in Japan who used explosives in microsurgery to burst gallstones. Blasting explosives for construction and mining are the division's biggest responsibility and the most common type of explosives. Each year more than 300,000 tonnes of these explosives are used in Canada. Explosives technology has changed dramatically since Alfred Nobel invented dynamite in Dynamite is a very sen- sitive substance that becomes even more sensitive as it deteriorates. Most explosives today begin with insensitive substances, such as ammonium nitrate used in fertilizer, which becomes explosive by adding fuel oil. Once these types of explosives start to deteriorate, "The worst effects will be the same as putting on too much fertilizer," says desrivières. The division regulates explosives under the Explosives Act, which requires all explosives manufactured or imported in Canada to be authorized. Authorization is done through testing at the Canadian Explosives Research Laboratory (CERL) near Ottawa. Every new product of a manufacturer is evaluated, and if necessary, samples are tested. Sometimes authorization is straightforward, according to desrivières, and the manufacturer simply submits documentation for review. Fireworks tested Fireworks are the most frequently tested of all explosives. In 1988 CERL performed 374 tests; 299 of those were on fireworks. DesRivières says that defective fireworks are sometimes found, but the problem isn't usually that they're unsafe. CERL usually discovers a lot of fireworks that just don't work well. However, he says the division did investigate particular lots of backyard roman candles in response to complaints that they exploded rather than firing in sequence into the air. * INSIDE wind w seat on the W Introducing John Strachan 4 5 DOSSIERS The"'"w'rine

3 1 In one incident, a youth was fatally injured and in another, a boy lost some fingers. The unsafe lots were seized and destroyed, and the manufacturing fault corrected. Display fireworks are the only type of explosive the division can regulate the use of - for other explosives its jurisdiction covers only the testing and authorization, manufacture, importation, sale, purchase and possession, and storage of explosive devices. The division gives a safety course to train supervisors of public fireworks displays, and the regulations state that large display fireworks can be sold only to these trained supervisors. For other fireworks and pyrotechnic devices, the division ensures the manufacturer or importer supplies instructions for using them safely. The division will also advise people how to safely use fireworks or pyrotechnics if they ask, but that doesn't always happen. DesRivières says he knows of at least one performance at which a person was injured when pyrotechnics were used too closely to the audience. Reviewing act The division is now trying to fill some gaps in the Explosives Act by reviewing and updating the legislation to make it easier to administer. The act was passed in 1914 and "hasn't had too many significant updates," says desrivières; only small amendments have been made to increase control over explosives. One area the division is looking into is controlling and licensing pyrotechnicians, especially with the increase in special effects in concerts and films. DesRivières says the division is also studying regulating the devices that inflate automobile air bags - called air bag initiators. He says the division is concerned about the storage and installation of replacement initiators, and the safe disposal of initiators - those that are replaced, as well as those that are still intact when the car is junked with an unused air bag. He says the explosive initiators must not end up in landfill sites. DesRivières says he'd also like to see the act changed to allow the prohibition of joke explosives, or novelty items that look like explosives. "We'd like to be able to prohibit items that can cause undue anxiety," he says. EMR works with other federal departments in regulating some types of explosives. Transport Canada has jurisdiction over the transport of dangerous goods, including explosives tested, classified and authorized by the Explosives Division. Consumer and Corporate Affairs (CCA), which regulates the sound levels of all toys, also gets involved in regulating the levels of those with explosive components. Carole Lacombe, chief of Mechanical and Electrical Hazards with CCA, says regulating explosive toys was easier when there were only toy pistol caps to worry about. "There seems to be a trend to put gunpowder in more toys," she says. "We are looking at the situation more closely." She says noisy pistol caps have long been tolerated, but many new explosive toys may have risks that are not known. Tests noise level After CERL tests the explosive component of a toy, CCA tests its noise level. Dangerously noisy toys are sometimes also discovered during CCA inspectors' regular visits to manufacturers. "We've had a few instances where a toy exceeded limits and had to be redesigned," she says. "If our tests show that the toy does not meet the Toys Regulation, we take enforcement action." EMR's Explosives Division has asked CCA to help review and update the Explosives Act, to make sure it has adequate regulations for explosive toys. Says Carole Lacombe: "We want to make sure there aren't any loopholes." # Developmental Working Group Federal Law Enforcement Investigators Course Canadian Coast Guard College, Sydney, N.S., 29 January to 2 February L-R: Insp. Ambroise Leblanc, CN Police; Larry Greetham, Communications; Al Whitson, Canada Post; Allen McLean, Fisheries; John Grieve, Natl. Transportation Agency; Rod Noakes, Immigration; Claude Lamarche, Fisheries; Paul Cuillerier, Consumer and Corporate Affairs; Lin Montaigue, Employment; Brian McCarney, Taxation; Ingrid Pipke, FLEUR; Bob Walsh, Parks; Allen Harding, Transport; Bernard Brie, Customs College; Pierre Berubé, Customs; Jon Holland, Transport; Robert Malo, FLEUR......<.<....r...^..u..?.,,^,...,...,....,... s.s>^a.^e.e5t.r..^' 2.k,.F^S:^t«.ira^c7f.. - h^.^;:^.;3b;:>;^cy^^}%k9^^"3y,c;.s?.xykkyz^^.^,^;:ir...r.,t.^ec^^:^`ow ^5:?):t^:^`.

4 WINDOW SEAT ON THE WORLD T he walls of John Rodocanachi's office refreshing. It was a more interesting kind of are decorated with oversized photographs from around the world. One Submarines brought Rodocanachi to Hal- navy than the spit and polish I vvas used to." shot is of the island of Corfu, Greece; ifax in 1954 vvith the British navy, as part of another depicts a vine-covered cloister in an arrangement that provided the Canadian Naples, Italy. Another wall shows off the navy with British submarine services. He water-bound city of Venice. But these are became engaged to a Canadian, and three no ordinary travel posters, and John years later, moved to Canada to join the Rodocanachi is no ordinary tourist dreaming of someday. These are all photographs establish its own submarine division. Royal Canadian Navy when it decided to he took in places he visited. It's no surprise to hear him say he enjoys travel. "I enjoy seeing how other people live," he says. And he admits to a love for history. It seems then that he's had the ideal career he's logged many miles and witnessed a lot of history on his way to his position as the director general of Security and Emergency Planning with Transport Canada. He set out years ago to be a naval officer. "In those days it was an interesting thing to go into. As a very young man you could get worldwide responsibility early, especially in submarines." He joined the Royal Navy right after school and saw "the last of the big British navy." In 1949 he went to sea as midshipman in a flagship of the Mediterranean fleet. Earl Mountbatten was commander of the cruiser squadron at the time, and the John Rodocanachi Duke of Edinburgh served in one of the frigates. But the big fleet didn't last long He doesn't regret his decision to leave within two years it virtually disappeared. Britain. "England was going through a bad period. I thought my children would have better opportunities in Canada." Minesweeping in Greece Rodocanachi served for many years at sea, and commanded three submarines, a In one assigrunent he sailed to Greece in destroyer and a destroyer squadron, with a minesweeping squadron to sweep the progressively higher rank He was appointed mines left over from the Second World War. chief of Intelligence and Security at the Rodocanachi says they discovered that Department of National Ikfence in As many mines that floated to the surface were a principal sowce of overseas intelligence, empty the Greek sponge divers had he had an insider's view of many dramatic already taken out the almost 400 kg of world events in the next four years. explosives for their own use. It was a fascinating period to be in Greece, he says. At the Iran hostage-talcing in 1979, after the Rodocanachi was heavily involved in nig,ht, from his anchorage under Mount Olympus, he could hear the sounds of the Greek embassy staff hid six Americans for two Iranian Revolution erupted and Canadian Communist guerrillas fighting in the hills. months. Around the same period, Soviet On the flagship, sparlding whites and troops invaded Afghanistan. "It was interesting," he says with a smile. The stories formal dress for dinner was the order of the day. But he decided to transfer to submarines will have to stay secret for a few years yet. after a cruise in one. "I found it very In 1982 Rodocanachi by then a Rear Admiral was posted to NATO as chief of Intelligence, Counterintelligence and Security to the Supreme Allied Commander, Europe, and was stationed in Belgium. His three years there coincided with widespread terrorism in Europe. NATO a target NATO was the target of much of that terrorism pipelines were blown up and schools attacked. Rodocanachi remembers in one incident they had information that the Red Army faction in Germany was planning to attack a NATO school. The school at Oberammergau seemed likely, so the school was put on red alert. One day someone saw a suspicious car entering the base, driven by someone wearing a uniform that seemed out of place. A 22 kg bomb was removed without incident. Just before he was to return to Canada in 1985, another terrorist incident occurred the bombing of the Air India jet. He was seconded to Transport Canada to review and reorganize the department's security, particularly in civil aviation, and chaired a ministerial task force looking into developing a new training program for airport security staff. The report recommended the department be reorganized so all transportation security would be under one group, and Rodocanachi was transferred to the department to head it. Now after more than three years, aviation security has been completely overhauled, and the new organization has been implemented and is fairly well established. Rodocanachi expects to stay with Transport Canada a while yet, but he says, "We used to have a saying in the navy that three years is the maximum for one job, then it's time to move on. There's some truth to that." And what is the secret to success? "It's a great mistake to over-specialize. It's more interesting to be a generalist. If you're ambitious you can't afford to be too narrow," he says. "I couldn't do this job if I didn't have broad experience." But, he adds with a smile, "A lot of it has been luck being in the right place at the right time." * 3

5 tee INTRODUCING JOHN STRACHAN B y day, John Strachan is Public Safety Programs Officer with the Canaclian Parks Service. But by night, the real John Strachan emerges the one that draws cartoons. Strachan has been drawing all his life, although he never had a dream to make his living as a cartoonist He does do some freelance work, but mostly he draws for himself, or for friends and colleague,s. Strachan's inspiration comes from many different sources. "It's not a structured process," he says. "Something comes up in a day-to-day situation that gives me an idea for a cartoon. You can get humour just about anywhere." Sometimes ideas come from his work at Parks, which has prompted cartoons lampooning issues such as air quality and the open office concept. More often he draws on his 10 years as a warden in Jasper National Park. "Being a warden means that sometimes you have to deal with situations in areas where it is impossible (3u'r ALL - A-5KEp WAS, WE AGREE. GAN OF COFFEE! -ro BREAK FoR A CUp WIT-H it's Go(NCi To SE HA RP TO TRAD/Troni! EREAK GoT ALL tzt GHT, I-11M UNDER ARREST, LET'S TAKE to call for help. One time I found myself confronting a large outfitter who I believed intended to illegally hunt in the park." The resulting cartoon: two wardens facing a huge, mean-looking rifle-carrying hunter. One warden says to the other, "You tell him he's not allowed to hunt in the park." Cartoonists Gary Larson and Jim Unger are his favourites. Larson, he says admiringly, "has a particularly inverted perspective of the world." *

6 THE PLAIN VIEW DOCTRINE The plain view doctrine has caused much confusion for law enforcement officers. This article is intended to clarify some issues. By Fernande Rainville-Laforte L,egal Advisor, FLEUR What is the plain view doctrine? The plain view doctrine is a rule that authorizes an officer, who is lawfully in a place, to seize items out in plain view, if the officer has reasonable grounds to believe that the items are incriminating, and if no further intrusion is necessary to make the seiziffe. The doctrine ceases to operate immediately if a further invasion of privacy must precede or accompany the seizure. The common law rule on the plain view doctrine is, "that where, during the course of executing a legal warrant, an officer locates anything which he reasonably believes is evidence of the commission of another crime, he has the power to seize it." What is the situation in Canada? Although many aspects of the doctrine are still not settled, this common law rule is now much more broadly interpreted in Canada. First, an officer can be on a premises for reasons other than to execute a search warrant, and second, what the officer seizes is not limited to objects within a narrow range. Although a law enforcement officer usually enters a place for a lawful search, a valid intrusion may also be a search pursuant to an arrest, entry by a fireman to put out a fire, by a police officer to protect or preserve life, or by a police officer into an apartment to assist the landlord in dealing with an emergency, such as a plumbing problem causing water damage to an apartment below.' But the intrusion into the place should be authorized by law; this includes the common law on lawful entries recognized by Canadian courts. As well, in Canada what is seized is not limited to the evidenc,e of another offence. Does any law enforcement officer lawfully in a place have the right to seize any incriminating object or must the object relate to the legislation the officer is enforcing? The plain view doctrine does not give law enforcement officers any powers that they do not already have under their appointments. It should be remembered that removing the property of another without lawful authority is a tort. For example, an officer appointed to enforce a specific statute other than criminal matters does not have any authority to seize narcotics. Do the principles of the plain view doctrine apply during an inspection? Yes, if a statute gives a person the right to enter a place for an inspection, the person is lawfully in the place. However, here again it is a question of powers. If the specific statute that authorizes the inspector to be in the place says that seizures under that statute must be made by another officer, the inspector who observed the suspected thing cannot seize it, but should call an officer empowered to make the seizure. If an inspector or law enforcement officer has the power to seize the object, does the doctrine apply without any further conditions? Yes, but the suspected object must be discovered in plain view; the authorization granted to the officer is not a power to search but a power

7 6 We can conclude that legislation may limit the full operation of the plain view doctrine. Q to seize. The doctrine is not a licence for a fishing expedition. For example, the doctrine cannot be used to extend a routine inspection or a specific search from one object to another until something incriminating emerges. Even in situations where an officer or an inspector observes a contravention of the regulations being enforced, an officer cannot then decide to make a more complete search and seizure by applying the plain view doctrine. In such cases, a decision to initiate an immediate search does not depend on the plain view doctrine, but only on the legislation being enforced - the legislation either allows a search and seizure without a warrant or it does not. Does the plain view doctrine apply to all legislation or does it apply only when there are provisions similar to the Income Tax Act? The partial statutory plain view rules in Canada for some specific purposes are unclear. Rare case law in Canada on plain view2 asserted very generally that the rule exists in Canada, but was imprecise on its application, and did not consider that some Canadian statutes justify some limited plain view seizures.' Furthermore, these assertions have not been adjudicated in the Supreme Court of Canada.4 Consequently, Canadian courts now appear to support a warrantless seizure under the doctrine in situations where there is no legislation on this. However, the existence of statutory partial plain view powers of seizure causes problems. For example, when a search warrant has been issued under the Criminal Code, Section 489 of the code justifies the seizure of "anything that... has been obtained by or has been used in the commission of an offence...h Consequently, this limited statutory plain view procedure does not apply to things not mentioned in Section 489 of the code. For example, it does not apply if the officer, instead of observing an object that has been used in the commission of an offence, observes things that are merely evidence of another offence. In such a situation, the Law Reform Commission of Canada suggests that "by implication, a seizure of items outside of that class (objects mentioned in Section 489 of the code), such as items of purely evidentiary nature, would require a second warrant or the existence of circumstances, such as an arrest, justifying the exercise of a warrantless power of seizure."5 Unfortunately, like all the Canadian material on the question of plain view doctrine, the Law Reform Commission assertion on this subject is not very helpful. The least we can conclude on the existence of such provisions in a statute is that legislation may limit the full operation of the plain view doctrine. * NOTES 1. Re R. and Shea (1982), 1 C.C.C. (3d) 316 (Ont. H.C.J.). 2. Re R. and Shea supra, R. v. Longtin (1983), 5, C.C.C (3d) 12 (Ont. C.A.), R. v. Annett (1985), 43 C.R. (3d) 350 (Ont. Supreme Court C.A.) and more recently Re Solvent Petroleum Extraction Inc. and Minister of National Revenue (1989) 50 C.C.C. (3d) 182 (Fed.C. C.A.). 3. In addition to Section 489 of the Criminal Code, Section concerning the proceeds of crime, allows the officer to seize, in addition to the property mentioned in the warrant, any property for which the officer believes that an order of forfeiture may be made. Other statutory partial plain view procedures are contained in the Narcotic Control Act, the Food and Drug Act, the Customs Act and the Income Tax Act. 4. But the case of Re Solvent Petroleum Extraction Inc. and Minister of National Revenue supra, which also recognized the plain view doctrine, is being appealed to the Supreme Court of Canada. 5. The Law Reform Commission of Canada, Search and Seizure, Report no. 24, 1984, p. 43. Published by Solicitor General Canada