Pubdate: Sat, 11 Apr 2009 Source: StarPhoenix, The (CN SN) Copyright: 2009 The StarPhoenix Contact: http://www.canada.com/saskatoonstarphoenix/letters.html Website: http://www.canada.com/saskatoonstarphoenix/ Details: http://www.mapinc.org/media/400 Author: Les MacPherson Bookmark: http://www.mapinc.org/find?216 (CN Police) SUPREME COURT TRASH DECISION SIMPLY RUBBISH How would you like someone rooting through your garbage for damaging information to use against you? Of course, you wouldn't like it at all. Your garbage reveals more about you than a naked snapshot. Carelessly stuffed into those cans is a record of what you do, where you go, what you buy, what you eat and drink, your health, your relationships, your finances . . . No one wants this stuff examined by strangers. Too bad, says the Supreme Court of Canada. When you take your garbage to the curb, says the court, you abandon any expectation of privacy with respect to its contents. It's a bad decision that invites malicious snooping. The dubious ruling came this week in R. v. Patrick, a case involving a suspected ecstasy dealer in Calgary. Acting without a warrant, police in that city collected and searched through garbage bags that Russell Patrick had left for collection in cans at the back of his property. Based on what they found in his garbage, police got a warrant to search Patrick's residence. He then was charged and eventually convicted on the strength of evidence found in the home. Patrick argued on appeal that police had no right to search his garbage, that this was a violation of his constitutional right to freedom from unreasonable search. Pooh said the trial judge. Pooh said the Alberta Appeal Court. Pooh said the Supreme Court. Superficially, the reasoning in support of this regrettable judgment is not unconvincing. Patrick abandoned his privacy rights over his garbage when he left it at the curb for collection, the Supreme Court found: "The bags were unprotected and within easy reach of anyone walking by in the public alley way, including street people, bottle pickers, urban foragers, nosey neighbours and mischievous children, not to mention dogs and assorted wildlife, as well as the garbage collectors and the police." For the court to lump police in with raccoons is a bit of a stretch. Even so, the court concluded there can be no expectation of privacy over garbage left within easy reach of anyone walking by. Appeal dismissed. Conviction upheld. Open season on garbage confirmed. Not that it helps Patrick or any other champion of civil rights, but at least one justice had reservations. Justice Rosalie Abella, better known as a champion of minority and women's rights, was fine with Patrick's conviction, but she did stand up for private garbage, God bless her. Our homes are the most private of places, she said. The trash that emerges from within our homes we abandon at the curb for only one purpose, that being collection and disposal. What we do not abandon, Abella found, is our right to privacy over personal information that might be contained in that garbage. "Individuals do not intend that this information, such as medical or financial information, will be generally accessible to public scrutiny, let alone to the state." That said, Abella nevertheless endorsed Patrick's conviction. Police were entitled to search his garbage without warrant because they had a reasonable suspicion of criminal activity, she found. Also, Patrick's expectation of garbage privacy was diminished, if not abandoned, when he took it to the curb. As a minority opinion, Abella's defence of private garbage does not count for much. What prevails in law will be the majority's more laissez faire view. The new rule seems to be that garbage dropped at the curb is left in the public domain. This is a body blow for privacy rights, if not necessarily for police, who now can look through our garbage unfettered by a warrant or even by reasonable suspicion. This ruling would seem to open our garbage cans not just for police, but for anyone who wants to look and for any reason. A newspaper columnist, for instance, might find all kinds of juicy things to write about in garbage left at the curb by Supreme Court justices, say. Of course, I would never do something so tawdry, but others almost certainly will. The court invites it. - --- MAP posted-by: Jay Bergstrom