Pubdate: Mon, 10 Dec 2001
Source: London Free Press (CN ON)
Copyright: 2001 The London Free Press a division of Sun Media Corporation.
Contact:  http://www.fyilondon.com/londonfreepress/
Details: http://www.mapinc.org/media/243

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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