Pubdate: Sat, 08 Dec 2001 Source: Globe and Mail (Canada) Copyright: 2001, The Globe and Mail Company Contact: http://www.globeandmail.ca/ Details: http://www.mapinc.org/media/168 STRIPPED UNREASONABLY It was a frightening anachronism, and now it is gone. The era of the routine strip search is over in Canada. As early as 1853, a British court balked at giving police carte blanche to conduct strip searches, in a case involving a man locked up for the night for drunkenness. "Even when a man is confined for being drunk and disorderly," said the court, "it is not correct to say that he must submit to the degradation of being searched, as the searching of such a person must depend upon all the circumstances of the case." Nearly 150 years later, it is appallingly the case that police in many Canadian jurisdictions have been routinely conducting strip searches. Eight female students who held a sit-in two years ago at Trent University were arrested and strip-searched. Earlier this fall, Sandra Turner, an airport security guard just outside Toronto who stopped a police officer from walking around her checkpoint and was charged with disturbing the peace, was strip-searched. Police typically cited a concern about hidden weapons or evidence, but they did not need to show why a simple pat-down search or frisk was insufficient in a particular case. As long as there were no abuses, such as violence or mockery of the suspect's nakedness, they were on solid legal ground. No more. The Supreme Court of Canada said this week that strip searches, defined as the removal of clothes from private body parts, are dehumanizing by their very nature. "In our view it is unquestionable that they represent a significant invasion of privacy and are often a humiliating, degrading and traumatic experience for individuals subject to them." The court's 5-4 ruling came in the case of an alleged drug trafficker, Ian Golden. Finding some crack cocaine on his fingers, Toronto police pulled his pants partway down in a private area of a restaurant, whereupon they saw a bag clenched in his buttocks; the police then closed down the restaurant and attempted to extract the bag against his will, using rubber gloves borrowed from the restaurant's toilet cleaner. The majority said the five police officers on the scene could have taken Mr. Golden to the police station a two-minute drive away to conduct the search, without losing any evidence. It is in the nature of rights that when an alleged drug trafficker's rights are at issue, so too are the rights of protesting university students, or any other citizens who for whatever reason run afoul of the law. Now strip searches are presumed to be unjust. The court suggested Parliament might pass a law requiring a judge's warrant for such procedures. In any case, if police wish to conduct a strip search they must adhere to certain guidelines. The searchers must be of the same sex as the suspect; approval from a senior officer must be sought; the search should be at a police station if possible. Above all, the police must be able to show that they had reasonable and probable grounds to believe they would find concealed weapons or evidence on a suspect. As the minority judges wrote, it's a radical change. It's also a needed one. We should all breathe a sigh of relief. - --- MAP posted-by: Jay Bergstrom