Police Preventive Searches May Violate Rights

Saturday, March 28, 2009 06:55 AM

Prince George, B.C. - Efforts by Police to reduce the risk of excessive alcohol consumption and rowdiness at civic celebrations, could be breaching the Canadian Charter of Rights and Freedoms.

A report by the Commission for Public Complaints against the RCMP ( in full cooperation with the Victoria Police Board and the B.C. Police Complaints Office ) made the conclusion following an investigation into activities of RCMP and the Victoria Police Department on Canada Day last year.

People entering the downtown core of Victoria were subject to what police labelled “consensual” searches of bags and knapsacks for alcohol. The intent of the search was to prevent the kind of drunken behaviour at the event in the past which lead to all sorts of problems including vandalism.

The question was raised about the legality of the search and alcohol seizures.

A legal opinion found that while the citizen carrying the bag may not have denied a search, the fact they were not advised to contact legal counsel before the search was conducted, and because carrying alcohol is not an offence, the searches were not consensual, and police had no authority to ask a person to submit to a search.

Another problem uncovered is that RCMP officers who were helping out with this effort, failed to keep detailed notes of their activities.

The Commission Chair recommends “that until such time that the required legislative bases are put in place, the RCMP's participation in preventative and early interdiction liquor strategies in B.C. be limited to police presence and that searches only be conducted when the RCMP members have the requisite grounds under the applicable legal authority. Furthermore, I reiterate my recommendation that RCMP members take thorough and contemporaneous notes to document their actions.”

You can access the full report by clicking here.

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Posted on Saturday, March 28, 2009 06:55 AM in News by 250 News

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Comments

Posted by: YamaDooPolCat on March 28 2009 7:35 AM

As they say,

Yipee! Lets go turn over some cars and burn them! It's time to celebrate our lack of responsibility for the freedoms we have.

Posted by: gus on March 28 2009 8:44 AM

I suspect all that needs to be done is offcially close a section of downtown for a specific celebration and a specific time frame, celarly advertise what is not allowed within those boundaries - such as guns, knives, alcohol, blankets, cash, finger paints, etc. - and set up controlled entry points which should then allow bag searches and give people an opportunity to ditch those things not allowed. One might even provide a service at the check point which would check those items for a fee.

If that is not done, then the downtown streets are just that, downtown streets. There is no right to search without reasonable cause.

Posted by: caranmacil on March 28 2009 12:05 PM

I am with Gus on this one. There is no reason to give up our rights regarding unlawful search and seizure just to reduce the risk of possible drunken rowdiness. I wouldn't have been too keen on the police searching me for no reason and even more pissed at having them take alcohol that was legally in my posession.
I fail to see any connection between illegal search and seizure and acting responsibly regarding our personal freedoms. Searching me and taking my booze wont make me responsible. If i want to be drunk for an event, i will just tank up before hand.

Posted by: northman on March 28 2009 3:05 PM

Yeah but the rights and safety of the general public shouldnt be jeopardized by drunken lunatics that cause shit.

Posted by: gus on March 28 2009 5:00 PM

If they were drunk, that is one thing. If they might get drunk, that is another thing.

If they were overturning cars and causing damage, that is one thing. If they were big muscular guys that could overturn cars, that is another thing.

We are still living in a country where we cannot arrest anyone because they MIGHT commit a crime or a public nuisance.

We do not yet have any soothsayers with any credibility.

Maybe we should have such searches at the celebrations we have in Fort George Park every year. It would be no different.

Posted by: Truth on March 28 2009 6:51 PM

You can be assured that accused cops exercise 100% of Charter rights. Further, while our cops are quick to report full names of private citizens who don't comply with their orders, they conceal the names of any accused cop. It was 14 months before the YVR killers of Robert Dziekanski were named.

Victoria cops are led by a cop - Jamie Graham - who was terminated by Vancouver Police Dept, as he was about to face Police Act discipline. Graham gave the notorious "Stanley Park 6" animals a 13 month paid vacation, before they were convicted of injurious Assault. See Graham's dirty work:

http://www.canlii.org/en/bc/bcpc/doc/2004/2004bcpc1/2004bcpc1.html

Posted by: gamblor on March 29 2009 5:33 PM

Getting drunk and rowdy is what makes this country great. If you dont like rowdy drunks, go to afghanistan - I hear booze is outlawed there.

Posted by: Loki on March 30 2009 9:23 AM

zeitgeist

Posted by: Ocean on March 30 2009 11:45 AM

Ah Gus, clearly the voice of reason here today. 100% agreement.

Posted by: Loki on March 30 2009 3:58 PM

see the movie minority report starring Tom Cruise.
It is about a society that has eliminated crime be being proactive with reading citizens' minds and arresting them before the event.
It seems that Tom's character got framed.

This is also the actions of communist and dictatorial governments.