STRIP SEARCHES UNDER REVIEW AFTER RULING

Manitoba Police Believe Policies In Line With High Court's Decision

Police in Manitoba are reviewing their policies regarding strip
searches in wake of a Supreme Court of Canada ruling that says such
searches can only be carried out if there's a solid and specific
reason. However, police say their policies, which also include
guidelines on body cavity searches, are already pretty much in line
with what was laid down by Canada's high court Dec. 6.

Winnipeg Police Service spokesman Const. Bob Johnson said the force's
policy states strip searches can only be done in a police facility
and by an officer of the same sex.

With a body cavity search, police are required to get a warrant and a
doctor to perform the search. But Johnson said both kinds of searches
are extremely rare.

He said in most cases a strip search only extends to people stripping
down to their underwear, to make sure they don't have any hidden
weapons, drugs or syringes in their clothing.

And if police believe suspects have drugs hidden in a body orifice,
they're placed in a room until they eventually pass it, eliminating
the need for a cavity search.

The country's highest court ruled that strip searches are invasive
and interfere with an individual's freedom and dignity.

The Supreme Court ruled police must have clear-cut rules in place to
conduct strip searches. In a 5-4 decision, judges said strip searches
should only be done at police stations unless there's an immediate
danger of weapons.

The court's decision overturned the conviction of Ian Golden, a
Toronto drug dealer. He was hiding cocaine in his buttocks and was
forcibly strip-searched by police during a drug raid at a Subway
restaurant in 1997.

RCMP spokesman Sgt. Steve Saunders said existing Mountie policy is
that strip searches can only be conducted in private and by a member
of the same sex.

As well, RCMP strip searches can be done if police believe suspects
have evidence hidden underneath their clothing that was obtained by
crime, or if it's believed a weapon is hidden.

Saunders said an internal body cavity search can only be done by a
qualified medical practitioner and only when there's a firm belief
the person is trying to conceal something.

A spokesperson for Manitoba's correctional officers said the guards
in the provincial jail system already follow strict rules when it
comes to strip and body cavity searches.

Reg Forester, director of Adult Corrections, said their policy was
re-written in 1999 in anticipation of the Supreme Court ruling.

Gillian Balfour, a University of Winnipeg sociology professor,
welcomed the decision, saying police all too often use strip searches
for the wrong reasons.

"Strip searching is frequently used as a form of coercion and
intimidation," Balfour said. "It's used to exercise police control."

Winnipeg defence lawyer Greg Brodsky also welcomed the decision,
saying it was, "a horrible thing to recognize that people are blas
about dignity."

Brodsky pointed to evidence heard during the inquiry into the
wrongful conviction of Thomas Sophonow as an example of police going
too far with strip searching.

"They took away his clothes in the middle of questioning," Brodsky
said. "And then went on asking him questions."

- -- With files from Eliza Barlow