Sniffer-Dog Searches Unlawful

Submitted by Richard on Sat, 26/04/2008 - 5:13pm

What Is Unlawful Search and Seizure of Property

When are Sniffer-Dog Searches Lawful

Sniffer-Dog

Few Supreme Court rulings receive more public response than this case. It boggles my mind to see how much the Charter of Rights and Freedoms is being used to allow caught red handed criminals off the charge. Firstly, if the Supreme Court was willing to allow dog searches at airports, then they must allow dog searches at all public places. To do other-wise is discriminatory.

Sniffer dogs are used at airports mainly to find weapons and explosives. If it admissible to sniff out weapons and explosives in order for public safety, then it should be admissible to sniff out illegal drugs and other contraband items that pose a threat to society.

Some obvious facts.

  • A school is a public place.
  • School authorities have an obligation to make schools safe for students
  • Drugs (marijuana and magic mushrooms) are illegal in Canada
  • Section 8 of the Charter of Rights and Freedoms needs amending

SCC rules random sniffer-dog searches are unlawful
Updated: Fri Apr. 25 2008 19:48:10 CTV.ca News Staff

The Supreme Court of Canada ruled Friday that police cannot use random dog searches to find drugs at schools or in public places, with the exception of airports.

The Court ruled 6–3 that the random searches were a violation of section 8 of the Charter of Rights and Freedoms, which protects Canadians from unlawful search and seizure of their property.

The ruling stemmed from two cases involving evidence seized as a result of sniffer dogs.

In both cases, police did not have reasonable grounds to conduct the searches, the Court said.

“This is one of those cases where the court kind of steered a middle ground between requiring a judge to approve the use of dogs or no regulation at all,” Frank Addario, president of the Criminal Lawyers' Association, told CTV Newsnet.

"They said… if the police have a reasonable suspicion that there's criminal activity taking place, they're permitted to use these dogs.

“Otherwise, it's too intrusive and too exceptional to authorize on a random basis.”
.....Read Full Story .[greybox]

A school is a public place paid for and built with tax payer monies for the purposes of education. Students and teachers attending schools have every right and expectation to be kept safe from bodily harm or any illegal activity that may effect their safety or quality of educational services. School authorities have an obligation to make schools safe for students and must have all reasonable means at their disposal in order to carry out the mandate given them. The public already condemns authorities for being lax in their duty toward keeping out illegal drugs and weapons from the schools, now the Supreme Court is making the task even more difficult.

Drugs (marijuana and magic mushrooms) are illegal in Canada and those who carry and/or distribute illegal drugs should have every expectation that police and other authorities will use what-ever reasonable means they have to control the distribution of these illicit drugs. Until marijuana and magic mushrooms are declassified, those who deal in these and other drugs should have no right to hide behind the ambiguity of the Supreme Court decisions. The law is the law, you deal, you get caught, you go to jail. It is time the public and our children receive some rights to protection, not the criminal.

Was the decision of the Supreme Court based on the drugs that were found are “Low Priority” as apposed to “Hard Drugs”? Would Methamphetamine or Cocaine brought about a different ruling? Despite what the drugs found were, they were still illegal. AS we all realize by now, illegal activity fosters further crimes, and crimes and drugs in public places create unsafe conditions.

There are times when the police mis-use their authority, they are human, doing a public service in plain view of public scrutiny. The police need more public support, not condemnation and added restrictions on how and when and where they can carry out the duties the Canadian public has entrusted them with.

Section 8 of the Charter of Rights and Freedoms needs amending, not just section 8, the whole Charter. Read: Crime In Canada- The First Step The first clause of the Charter needs be amended to include the “DUTIES” of each and every citizen. Clause 1 should read- “Each and every person residing in Canada has the duty and obligation to be a law abiding, productive, peaceful citizen and a defender and protector of the person and rights of all other individuals residing in Canada”. Yes every citizen of Canada has Rights, but, Duty and Obligation First, then Rights.

The way the Charter is written and the Supreme Court would interpret, it could pertain to you and your family as; Never punish your child in any manner. He/she has rights. Do not even give a time-out, do not have strict dinner times or bed times, and definitely do not impose TV or computer restrictions. Do not ever search his/her room or belongings, and do not even question where they are going. They have rights that protect them from parental authority. The only authority you have is to house, feed and clothe them. And make sure they have a sufficient allowance.

Here are some typical responses to the news story;

  • When is this stupidity going to end? The safety of our children should trump anything. Drugs are illegal and the police should be given the tools required to stop them from damaging the lives of the users and the families of the users. The lawyers and judges and our “ELECTED” officials have to support the needs of our society against the drug trade. Yes there is a lot of money being make by these protectors of the “Rights and Freedom” listed above which makes them as bad or even worse than the trafficers they protect with there Court appointed attornies. The needs of the many are way more important than the needs of the few. If you are Leader's dammit, then Lead. Put the prisons up North where if the prisoners want to riot amongst themselves they can do it and live with the results. If they want to escape then Good Luck getting back to the South. And make them work and learn a trade. There would be fewer Medium Security Murderer's and Sexual Deviant's walking off and re-offending innocent people who respect the law. Taking the tool's away from the police…How stupid are these people anyway? The difference between a Lawyer and a prostitute is…? There are some things a prostitute won't do for money.
  • I think it should be a regular practice and maybe look for guns also. Maybe there would not be as many drugs and guns at schools and it would not be such a scary place for the ones that want to be there. School is a public place lockers are to hold books and coats not drugs and guns. Give your head a shake.
  • Put dealers in JAIL! Everyone complains about drugs and drug dealers in schools. The police found a drug dealer and removed some drugs. I think they should be commended, not berated and further restricted from doing an essential job that is tough enough.
  • Too easily we all forget that the reason we have a Charter is to protect our fundamental freedoms. Those being the ones that we aren't willing to compromise very much. We do, however, have section 1, which allows for reasonable infringement.
  • As Canadians, most of us haven't been subject to conditions where our rights aren't respected, so we forget that it is the moment in which you let the government take somebody's freedoms away without justification that everyone in society is at risk. If the government wants to violate the Charter, it still can. It can use the Notwithstanding clause. I personally feel like they should be forced to do so. Don't blame the judiciary, blame the governments that don't want to pay the political price in changing the laws, so they choose to violate them instead.

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