Saskatchewan Federation of Police Officers 13 as parents; a time that most other Canadians enjoy unfettered by their employment obligations. The Issue Mandatory Minimum Sentencing Police officers are, appropriately, subject to the most rigorous oversight regime of any profession in Canada, and while incidences involving use-of-force are extremely rare (less than 1% of interactions, according to Canadian statistics), there are occasionally cases where police personnel have been held accountable for what the courts have deemed unlawful usesof-force. Sections 220 and 236 of the Criminal Code of Canada provide for mandatory minimum sentences of four years when an individual is convicted of manslaughter or criminal negligence causing death, where a firearm has been used in the commission of the offence. While the original goal of these minimum sentences was to act as a deterrent with respect to the proliferation of firearms, unfortunately these minimum sentences fail to take into account the unique nature of the duties of police personnel, who are required to carry a firearm as part of their regulation uniform, and can deploy that firearm as part of the recognized use-of-force continuum. Because police officers are expected, in the course of their duties, to intervene in numerous operations where the risk of physical and psychological harm is present, both for the officers themselves, and the public in general, we believe it is important to draft a sentencing framework that allows judges to have the discretion necessary during sentencing, to recognize the unique circumstances faced by police personnel, particularly with respect to firearms. These incidents are dynamic and unfold quickly requiring officers to make split second decisions where even a momentary lapse of judgment could mean the difference between a successful intervention and one subject to review. The Solution The CPA asks Parliament to consider drafting a new sentencing framework with respect to Sections 220 and 236 of the Criminal Code of Canada to recognize that police personnel are authorized, and at times required, to use their firearms in the course of their duties, and to exempt officers from the mandatory minimum sentences prescribed in the current Criminal Code of Canada, giving the judiciary the discretion to recognize that even in circumstances where police officers are being held accountable, that the officers themselves may have been acting in good faith as they discharged their duties. CANADIAN POLICE ASSOCIATION 2018 LEGISLATIVE CONFERENCE continued continued SFPO members meeting with Ralph Goodale
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