EXPLANATORY NOTE

This enactment would amend subsection 25(4) of the Criminal Code to provide for the legal protection of peace officers, and persons lawfully assisting peace officers, who use force that is intended or is likely to cause death or grievous bodily harm to fleeing suspects who pose a threat of imminent or future death or grievous bodily harm.

This enactment would also add a new subsection 25(5) to that Act to provide legal protection for peace officers using force that is intended or is likely to cause death or grievous bodily harm to inmates who are escaping from penitentiaries, in recognition of the special situation faced by peace officers in penitentiaries.

There are consequential and technical amendments to subsection 25(3) of that Act.

This enactment would also amend the Coastal Fisheries Protection Act to provide express statutory authority, in accordance with regulations to be made under that Act, for a protection officer to use force that is intended or is likely to disable a foreign fishing vessel.