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News (Media Awareness Project) - CN ON: Editorial: Strip Search Ruling Correct
Title:CN ON: Editorial: Strip Search Ruling Correct
Published On:2001-12-10
Source:London Free Press (CN ON)
Fetched On:2008-01-25 02:30:50
STRIP SEARCH RULING CORRECT

When power is abused, society is debased. And even our guardians of peace
and security must sometimes be restrained from overstepping the boundaries
of duty.

That's why we welcome the Supreme Court of Canada's decision to outlaw
routine strip-searches by police.

In a 5-4 decision, the Supreme Court ruled that, in future, strip searches
must be authorized by a senior officer and conducted by an officer of the
same sex. Also, searches of body cavities must be carried out only by
medical personnel.

"The mere possibility an individual may be concealing evidence or weapons
upon his person is not sufficient to justify a strip search," wrote
Justices Frank Iacobucci and Louise Arbour. "A strip search will always be
illegal if it is carried out for the purpose of humiliating or punishing
the arrestee."

That's the key. While police argue strip searches are often vital, the
Supreme Court said the use of intrusive search techniques has gotten out of
hand.

There have been a number of recent notorious examples: n Eight female
students at Trent University were strip-searched last March after a sit-in
at one of the school's academic offices. n A female protester was
strip-searched in full view of male guards at the 1997 Asia Pacific
Economic Co-operation Summit. n Five women in Guelph were strip-searched
after a 1997 protest against the provincial government.

Clearly, many strip searches are conducted by hot-headed police officers
whose main motive is to degrade a detainee. Those actions are unacceptable.

The latest ruling in no way lessens the ability of the police to retrieve
evidence. Indeed, the Supreme Court ruling came as a direct result of the
way Toronto police handled a suspected cocaine trafficker. After a
struggle, police emptied the restaurant where the man was apprehended and
then forcibly searched him in the dining room. The man was again
strip-searched at the police station.

And even though it yielded a 10-gram bag of cocaine, the Supreme Court
ruled the 1997 strip-search was conducted in a de-humanizing manner. The
court said there was no reason the strip-search had to be conducted with
such urgency, and officers could easily have driven the suspect to a nearby
detachment.

The top court's decision doesn't tie the hands of police; it merely calls
for reasonable amounts of restraint and responsibility. It strengthens us all.
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