Parks Canada wardens will gain new police powers under an obscure clause of a bill tabled by Environment Minister Steven Guilbeault. Wardens would be permitted to “enter any place” without a warrant..The Department of Justice in a Charter Statement tabled in the House of Commons said it was satisfied the bill was constitutional..“Warrant-less searches or seizures would only be permitted where grounds for obtaining a warrant exist, but by reason of pressing circumstances it would not be practical to obtain one,” wrote staff..According to Blacklock's Reporter, new powers were inserted in Bill C-23. The innocuous bill introduced June 7 mandates appointment of indigenous members to the National Historic Sites and Monuments Board..An unrelated Sec. 41 of the bill states a park warden “may enter on and pass through or over private property without being liable for doing so and without any person having the right to object.”.Section 42 shields wardens from liability “for anything done or omitted to be done in good faith” while on duty..Section 43 of the bill allows wardens to “enter and search any place and open and examine any package” with or without a warrant “if the conditions for obtaining a warrant exist, but by reason of exigent circumstances it would not be practical to obtain one.”.The justice department Charter Statement said the bill empowers wardens to enter and search private property “if it is expected to provide evidence” a crime has occurred. The bill has yet to be called for Second Reading debate..“Bill C-23 proposes to authorize park wardens or enforcement officers to enter and search any place and seize anything by way of a warrant in relation to which it is believed an offence under the Act has been committed or that is expected to provide evidence of such an offence,” wrote federal lawyers..The bill noted Parks Canada wardens are considered peace officers. Wardens have been armed since 2009, when the Conservative government signed an executive order to enforce game laws..Guilbeault made no mention of new powers for wardens when he introduced Bill C-23. Guilbeault only talked about clauses guaranteeing indigenous commemoration of historical sites..“This will be the first legislation of its kind in Canada and will result in a stronger voice for indigenous peoples,” Guilbeault told reporters..“Parks Canada is already working with indigenous communities across the country to adapt some historical sites to add some elements about the history and culture of indigenous peoples."
