Damned Activist Judges
Honestly! How are we supposed to convince people that they should allow the police to do whatever the hell they feel like if those damned judges keep reminding folks that they have these things called "rights and freedoms"!
The use of drug-sniffing police dogs in the random search of a southwestern Ontario school and a Calgary bus terminal was unconstitutional, the Supreme Court of Canada ruled Friday.
In a 6-3 decision, the top court ruled that the actions breached Section 8 of the Charter of Rights and Freedoms, which covers what constitutes reasonable search and seizure.
. . .
In Friday's ruling, the Supreme Court wrote that while "a warrantless sniffer-dog search is available where reasonable suspicion is demonstrated," in this case, "the dog‑sniff search was unreasonably undertaken because there was no proper justification."
The court wrote that students' backpacks "objectively command a measure of privacy."
"No doubt ordinary businessmen and businesswomen riding along on public transit or going up and down on elevators in office towers would be outraged at any suggestion that the contents of their briefcases could randomly be inspected by the police without 'reasonable suspicion' of illegality," the court wrote.
Of course, the police aren't happy about this and, as is normally the case when people want their powers broadened, resort to some fear-mongering to make their case.
Karl Walsh, president of the Ontario Provincial Police Association, said he was disappointed by the decision and that the ruling will serve to decrease public safety.
He said officers who are in schools, train stations and bus terminals are there because of a drug problem.
"If you think we have a drug problem or had a drug problem then, we're going to have a big drug problem now," he told CBC News. "Where there are drugs, there are weapons, so essentially what's happened is the safety of our officers and the safety of the public have been placed in increased jeopardy."
You'll note that the only thing the police need to do to conduct these searches is provide justification for them. That doesn't seem to be too high a bar to set, but apparently Mr. Walsh feels that making police accountable for their actions would endanger the police force. Oh, and maybe the public too.
Of course, the whole reason we have the Charter is that when those in authority are not held accountable for their actions, the public's safety is compromised in a very big way. It's good to know at least some people remember that.
Cross-posted to In The House and Senate
