Criminal Code — C-46 25.1
r acts or omissions (8) A public officer is justified in committing an act or omission — or in directing the commission of an act or omission under subsection (10) — that would otherwise constitute an offence if the public officer (a) is engaged in the investigation of an offence under, or the enforcement of, an Act of Parliament or in the investigation of criminal activity; (b) is designated under subsection (3) or (6); and (c) believes on reasonable grounds that the commission of the act or omission, as compared to the nature of the offence or criminal activity being investigated, is reasonable and proportional in the circumstances, having regard to such matters as the nature of the act or omission, the nature of the investigation and the reasonable availability of other means for carrying out the public officer’s law enforcement duties. Requirements for certain acts (9) No public officer is justified in committing an act or omission that would otherwise constitute an offence and that would be likely to result in loss of or serious damage to property, or in directing the commission of an act or omission under subsection (10), unless, in addition to meeting the conditions set out in paragraphs (8)(a) to (c), he or she (a) is personally authorized in writing to commit the act or omission — or direct its commission — by a senior official who believes on reasonable grounds that committing the act or omission, as compared to the nature of the offence or criminal activity being investigated, is reasonable and proportional in the circumstances, having regard to such matters as the nature of the act or omission, the nature of the investigation and the reasonable availability of other means for carrying out the public officer’s law enforcement duties; or (b) believes on reasonable grounds that the grounds for obtaining an authorization under paragraph (a) exist but it is not feasible in the circumstances to obtain the authorization and that the act or omission is necessary to (i) preserve the life or safety of any person, (ii) prevent the compromise of the identity of a public officer acting in an undercover capacity, of a confidential informant or of a person acting covertly under the direction and control of a public officer, or (iii) prevent the imminent loss or destruction of evidence of an indictable offence. Person acting at direction of public officer (10) A person who commits an act or omission that would otherwise constitute an offence is justified in committing it if (a) a public officer directs him or her to commit that act or omission and the person believes on reasonable grounds that the public officer has the authority to give that direction; and (b) he or she believes on reasonable grounds that the commission of that act or omission is for the purpose of assisting the public officer in the public officer’s law enforcement duties. Limitation (11) Nothing in this section justifies (a) the intentional or criminally negligent causing of death or bodily harm to another person; (b) the wilful attempt in any manner to obstruct, pervert or defeat the course of justice; or (c) conduct that would violate the sexual integrity of an individual. Protection, defences and immunities unaffected (12) Nothing in this section affects the protection, defences and immunities of peace officers and other persons recognized under the law of Canada. Compliance with requirements (13) Nothing in this section relieves a public officer of criminal liability for failing to comply with any other requirements that govern the collection of evidence. Exception — Controlled Drugs and Substances Act and Cannabis Act (14) Nothing in this section justifies a public officer or a person acting at his or her direction in committing an act or omission — or a public officer in directing the commission of an act or omission — that constitutes an offence under a provision of Part I of the Controlled Drugs and Substances Act or of the regulations made under it or