DRUG TESTING RULING OFF-BASE

Something is wrong when B.C.'s highest court decides it's no longer OK
to randomly test convicts for illegal drugs while on probation. That's
what happened in the B.C. Court of Appeal recently, where judges ruled
2-1 against the practice.

Why? It violates their privacy, as guaranteed under the Canadian
Charter of Rights and Freedoms.

Excuse us for having trouble with this -- we are talking about
convicts here. What privacy? Haven't these people forfeited their
right to privacy, including incarceration?

Drug testing is a common probation requirement. It makes good
practical sense, since the vast majority of crimes are committed
either by addicts who need money for drugs or by people whose ability
to reason has been clouded by drugs and/or alcohol. Sobriety tests are
an effective indicator of a criminal's chances to re-offend.

The decision aren't welcomed by the John Howard Society, which
predicts more convicts will wind up back behind bars.

The Crown hasn't yet decided whether it will appeal the decision but
already Crown prosecutors are being told not to require drug testing
as part of probation orders.

Imagine all the convicted criminals currently on probation who raised
a toast to the judges' decision. They'll be partying hard over the New
Year, no doubt.

For the wary public, it further enhances a growing perception that the
legal system is out of touch, and without connection to the real world.

In its ruling, the Crown itself recognized its decision could affect
enforcement orders, but it said Parliament must fill the legislative
gap. If that's the case, why haven't we heard a clamour for corrective
action from our newly strengthened opposition?