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section 25.1(8)
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SECTION WORDING
25.1(8) A public officer is justified in committing an act or omission — or in directing the commission of an act or omission under subsection (10) — that would otherwise constitute an offence if the public officer (a) is engaged in the investigation of an offence under, or the enforcement of, an Act of Parliament or in the investigation of criminal activity; (b) is designated under subsection (3) or (6); and (c) believes on reasonable grounds that the commission of the act or omission, as compared to the nature of the offence or criminal activity being investigated, is reasonable and proportional in the circumstances, having regard to such matters as the nature of the act or omission, the nature of the investigation and the reasonable availability of other means for carrying out the public officer’s law enforcement duties.

RELATED LINKS
no-jail-for-crack-cocaine-traffickingThe typical range of punishment for a drug trafficking offence involving crack cocaine is jail, beginning with a first offenders of six months. In this particular case, the Crown made submissions for a sentence of one year in jail. Mr. Lewandowski was able to distinguish the case, and spare the client this fate. Instead, a sentence of six months house arrest was imposed, despite numerous aggravating features that the Court recognized.

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