Criminal Code of Canada - section 353(1.1) - Exception

section 353(1.1)

INTRODUCTION AND BRIEF DESCRIPTION

Police officers authorized by the chief of police to possess an automobile master key are not guilty of an offence for possessing one while executing their duties.

SECTION WORDING

353(1.1) A police officer specially authorized by the chief of the police force to possess an automobile master key is not guilty of an offence under subsection (1) by reason only that the police officer possesses an automobile master key for the purposes of the execution of the police officer’s duties.

EXPLANATION

Section 353(1.1) of the Criminal Code of Canada provides a legal exemption for police officers who possess an automobile master key for the purpose of executing their duties. An automobile master key is a device that can open or start a particular make or model of car. It is a valuable tool for law enforcement officers because it allows them to quickly gain access to a vehicle that may be involved in a crime or to a vehicle that poses a threat to public safety. The section provides that a police officer who has been specially authorized by the chief of the police force to possess an automobile master key is not guilty of an offence under subsection (1) of Section 353. Subsection (1) makes it an offence to possess any instrument that is adapted or intended for use in breaking into or stealing an automobile. The exemption only applies to police officers who possess the key in the course of their duties and for the purpose of executing those duties. The purpose of Section 353(1.1) is to allow police officers to carry out their duties effectively and efficiently without fear of being charged with an offence. It recognizes that possessing an automobile master key is a necessary tool in the execution of police duties, and that officers should be authorized to use it when appropriate. However, the exemption is narrowly tailored to ensure that officers cannot abuse their power or use the key for personal gain. In summary, Section 353(1.1) provides a legal exemption for police officers who possess an automobile master key for the purpose of executing their duties. It recognizes the importance of this tool for law enforcement and balances the need for officers to have access to it with the need to prevent abuse of power.

COMMENTARY

Section 353(1.1) of the Criminal Code of Canada provides immunity to police officers who possess an automobile master key, if they have been authorized by the chief of the police force to do so. This provision essentially recognizes the importance of the police force in their duty to maintain law and order, and sometimes, access to certain tools and equipment is necessary to perform their duties effectively. An automobile master key is a tool that is commonly used by locksmiths to unlock a vehicle's doors, trunk, and ignition without damaging the vehicle in any way. However, these master keys are not readily available to the general public, making their possession by anyone outside of authorized personnel concerning. Unlawful possession of any master key, including an automobile master key, is a criminal offence under subsection (1) of the same section. The authorized possession of an automobile master key is essential for police officers who may require access to a vehicle in the execution of their duties. For example, in cases of emergency, where there may be a child trapped in a hot car, or a suspect fleeing in a stolen car, a master key can be the fastest and most effective means to gain access to the vehicle. Without the possession of such a tool, police officers may be forced to use force to gain access, which can result in damage to the vehicle, or worse, risk to human life. However, the authorization to possess the key is not given lightly, as it is recognized that with great power, comes great responsibility. The chief of the police force must ensure that officers authorized to possess such a key are fully trained in its use and are accountable for its proper use and storage. Any unauthorized use or possession of the key can lead to disciplinary action or criminal charges against the officer. It is important to note that Section 353(1.1) does not provide blanket immunity to police officers who possess the key. It only provides immunity for the possession of the key for the purposes of executing the officer's duties. Any unauthorized use or possession of the key can result in charges being laid against the officer. In conclusion, Section 353(1.1) of the Criminal Code of Canada recognizes the importance of police officers in their duty to maintain law and order, and it acknowledges that possession of an automobile master key is essential to the execution of their duties. However, this provision should not be used to justify the arbitrary or malicious use of the key by police officers. The authorization to possess such a key should be given only to officers who have been thoroughly trained, and who understand the significant responsibility inherent in its use.

STRATEGY

Section 353(1.1) of the Criminal Code of Canada provides police officers with the right to possess an automobile master key for the purpose of executing their duties. This section ensures that officers can legally access vehicles that may be involved in a criminal investigation or an emergency situation. However, this provision also raises some strategic considerations that must be considered by law enforcement agencies to prevent the misuse of this power. One of the most significant strategic considerations is ensuring that officers who are authorized to possess an automobile master key are informed about the law and its limitations. As per the Criminal Code of Canada, officers must be specifically authorized by the police chief to possess an automobile master key. It is important to ensure that the police chief has thoroughly vetted the officer and that they are capable of properly carrying out their official duties. Training and guidance could be provided to ensure that the officer is aware of the strict limits regarding the possession and use of an automobile master key. Another strategic consideration for law enforcement agencies is ensuring that there are adequate measures in place to protect against misuse of the automobile master key by officers. This may include implementing an inventory control system that ensures that automobile master keys are only issued to authorized officers for specific tasks. If an automobile master key is lost/stolen, it should be immediately reported to the police chief. Adequate checks and balances must be put in place to prevent any wandering officer from misusing the key for wrongful purposes, which could result in the officer potentially facing legal consequences. In addition to these strategies, it is important to create an accountability system for the use of automobile master keys. An electronic logbook may be maintained for each automobile master key linked to the officer to which it is issued. Each time an automobile master key is used, officers should be required to log details such as the type of use and remarks regarding the situation. This logbook should be readily available to the senior management of the department, supervisors, and any internal audit group that is reviewing internal affairs. Another strategy is to ensure that the use of automobile master keys aligns with the police department's policies and procedures. Clear, concise policies must be established in a code of ethics that guides officers on how to exercise their authority and use their powers for the greatest good of the public they serve. Developing these policies will minimize the risk of the automobile master key's misuse and ensure that law enforcement agencies operate within the bounds of the law. Lastly, proper disciplinary action must be taken if an officer is found to have intentionally misused their automobile master key. Disciplinary action may include termination or suspension, as appropriate depending upon the severity of the misconduct. Besides, law enforcement agencies must also mandate regular training graining for all such officers to keep them up-to-date with the latest rules and regulations related to the use of the automobile master key. In conclusion, Section 353(1.1) of the Criminal Code of Canada is a significant provision that enables police officers to carry out their duties without any legal restriction. However, great power comes with great responsibility, and it is the responsibility of law enforcement agencies to ensure that proper policies and procedures are established to prevent the misuse of this power by officers. The strategic considerations outlined above will help the agencies govern the issuance and use of an automobile master key while fostering a culture of responsibility and accountability within the department.