BORDER GUARDS PLAN TO IGNORE COURT RULING ON SEARCH WARRANTS

VANCOUVER -- There will be no change in the way Canada's border guards
search vehicles, despite a B.C. provincial court decision that tossed
out a drug charge by saying a man's rights were violated when his
truck was searched.

Chris Williams, a spokesman for the Canada Border Services Agency,
said the case is under appeal and until a higher court hears it,
"we're going to continue our vigilance with our enforcement efforts
based on the processes and the procedures that we have in place."

But the lawyer for the man who walked away from charges that he tried
to import 50 kilograms of cocaine said the agency's decision not to
comply with the ruling is "nothing short of vigilantism."

Trafficking charges against Ajitpal Singh Sekhon were thrown out when
provincial court Judge Ellen Gordon ruled Sekhon's rights were
violated when guards drilled holes into his truck to search for the
drugs.

Williams said Wednesday the agency bases its search procedures on
previous court precedents.

But Gordon noted in her written reasons that past Supreme Court of
Canada decisions aren't necessarily relevant in assessing a search
conducted at Canada's borders.

"Drilling a hole into a pick-up truck would decrease its value
significantly," Gordon wrote. "The damage done to the vehicle...is
directly proportional to the analysis of the reasonableness of the
manner in which the search was carried out."

Lawrence Myers, who defended Sekhon in his Charter challenge of
search, said it is the duty of law enforcement officers to abide by
the law and he's surprised the border service plans no change to its
methods. "The essence of the (court) decision is that it (the border)
is not a Charter-free zone," he said.