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Random use of police sniffer dogs breaches charter: top court The use of drug-sniffing police dogs in the random search of a southwestern Ontario school and a Calgary bus terminal was unconstitutional, the Supreme Court of Canada ruled Friday. In a 6-3 decision, the top court ruled that the actions breached Section 8 of the Charter of Rights and Freedoms, which covers what constitutes reasonable search and seizure. The ruling, which could have an impact on police powers across the country, centred on two cases. The first case involved an unexpected police visit to St. Patrick's High School in Sarnia, Ont., in 2002. During that visit, students were confined to their classrooms as a trained police dog sniffed backpacks in an empty gymnasium. (Article continues below)
The dog led police to a pile of backpacks, one of which contained marijuana and magic mushrooms. A youth, identified only as A.M, was subsequently charged with possession of marijuana for the purpose of trafficking. But police admitted they didn't have a search warrant or any prior tip about drugs in the school. The officers had instead visited on the basis of a long-standing invitation from school officials. In 2004, the Ontario Court of Appeal upheld a previous trial judge's decision to exclude the drugs as evidence and acquit the youth. The court referred to the incident as "a warrantless, random search with the entire student body held in detention." CLICK ON THE BANNER TO BUY TERRORSTORM IN |
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