Mr. Michener:

And therefore he could be searched or arrested without the benefit of section 96 at all.

Mr. Michener:

So if section 96 were used, it would be because of some weapon being carried?

Mr. Michener:

To my mind the minister's explanation leaves one point obscure which I think the house ought to appreciate. The object of this section is to give the peace officer power to search vehicles and premises only in a limited number of cases. In the cases that have been presented to the house we have had conjured up crimes of violence, forcible entry and robbery. Those cases are not covered by this section. The code does contain, and very properly, provisions which not only permit but exhort even ordinary citizens to arrest persons committing acts of violence. It is the duty of people to do that, without any such section as we have here. This section gives the peace officer the right in a limited number of cases, namely cases involving carrying firearms-am I right?

Mr. Michener:

I follow what the minister says, but the section is limited to searches under sections 82 to 91, and those sections involve carrying or dealing in offensive weapons or firearms. For example, section 84, which we discussed earlier, deals with concealed weapons. A peace officer may come up to a person on the street, and noting a bulge in his coat conclude that he had a concealed weapon. Then, if his grounds were reasonable, he could make a search to make sure whether it was or was not a concealed weapon. But that is not the kind of offence where anyone is immediately in danger. So I do think the committee should appreciate that this sort of leeway given to a police officer is for a different kind of case from the hot pursuit of a criminal who has just committed a crime, or when a crime of violence is imminent.

Mr. Michener:

So I suggest the distinction should be borne in mind that we are extending it to a classification where there is no imminence of a crime. It is just the fact of carrying a dangerous weapon that has to be considered.