NRP CANINES WON'T BE RETIRED

Top Court Rules Random Searches By Dogs Violate Privacy Rights

Although Canada's highest court has put the muzzle on drug-sniffing
dogs, Niagara police will continue to use the canines to take a bite
out of crime.

The Supreme Court of Canada last week ruled using the
specially-trained canines to randomly search backpacks was a
violation of privacy rights.

While the three drug-detection dogs with the Niagara Regional Police
canine unit will remain on duty, the court ruling means they can only
be used to sniff out drugs if police have a reasonable suspicion of a
crime being committed.

Deputy chief Gary Beaulieu said the court ruling is troubling.

"I understand the difficult position of the court to try and strike
that balance between protection of privacy and law enforcement
efforts," he said.

"But from a personal perspective it's a concern especially
considering the pervasive prevalence of illegal drug activity in this country."

The Supreme Court looked into two cases, one involving a police dog
sniffing marijuana and mushrooms in a backpack during random search
at a Sarnia high school.

The justices, in a six to three decision, tossed out charges against
the teen, saying the searches were unreasonable as they were done
without a warrant or real suspicion drugs would actually be found.

Since 1994, school officials in Niagara could contact the police
canine unit if they suspected drug use in their respective schools.
The dogs were called out 15 times last school year.

When a canine unit arrives at a school, students and staff are
instructed to stay in their classrooms. The dog and its handler walk
down hallways or other areas identified by the principal. If the dog
indicates an illegal substance is present, the school administration
conducts the search, not the police.

"We assist the principals and vice principals in maintaining a safe
and secure environment in the schools," said Carl Scott, inspector of
emergency services with police.

Andre Ceci, assistant administrator with the District School Board of
Niagara, said principals will continue to request the dogs if they
have a "significant suspicion" narcotics are in a school.

John Crocco, superintendent of education with the Niagara Catholic
District School Board will do the same.

"This ruling comes down to randomness versus reasonable suspicion. At
the end of the day, sniffer dogs will be used in appropriate
circumstances if the reasonable suspicion is based on fact," he said.
A student's expectation of privacy in a school environment, Crocco
added, is diminished in areas such as lockers, which are property of
school boards.

"Those lockers can be searched at any time," Crocco said.

Students caught with narcotics could face expulsion as well as
criminal charges.

Ceci said students are well aware of the consequences.

"When you cross the border you know that although you might think of
your trunk or glove compartment as personal spaces, they may be searched.

The canine unit has eight dogs in total, including three drug sniffer
dogs, an explosive detection dog and general service dogs.

Police service dogs have many responsibilities.

Their expertise includes tracking, searching and apprehension.

The sniffer group consists of a Labrador retriever trained solely for
drug detection and two German shepherds who are general patrol dogs
cross-trained for narcotics detection.

A dog's acute sense of smell is superior to that of a human, allowing
police to locate evidence in a fast and efficient manner, said Sgt.
Jeff Hopkins, head of the canine unit.

Research has shown a dog's sense of smell is from 700 to 12 million
times better than that of humans.

The Supreme Court also dismissed charges against a man who was
arrested after a drug dog sniffed out heroin and cocaine at a bus
station in Calgary, Alberta. While the court ruling signals the end
of random searches in public places, it did not address airports or
border crossings, where dogs are routinely used.

The Department of Justice is now looking into the court ruling to see
if it will affect the dogs used by the Canada Border Services Agency
at border crossings including Niagara.