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Supreme Court Rule: Sniffer Dogs Unconstitutional
Opinion
Barry Artiste, Now Public Contributor
The Supreme Court ruling that Police using Sniffer Dogs to sniff out weapons, drugs, and bombs for that matter as unconstitutional and against an individuals rights.
This pretty much will stamp us permanently as "Nancy State Canada" to every Criminal and Terrorist Element the World over, knowing that if caught by a Police Sniffer Dog, they could "Scream their Rights were Violated" and have a " Supreme Court Justice throw out all charges" releasing the accused back into society to do it all over again.
The next time, the criminal or terrorist may be successful on a second attempt.
Now this is something I know a bit about, random searches without just cause may contravene a persons rights, but searches of any kind are random. Lawyers will jump at the chance to get their clients off Scott Free on this technicality regardless if Random or Not.
Unfortunately we live in World on ever increasing Criminality and Terrorism, which result in "Drastic Measures for Drastic Times."
Some opponents charge, we are becoming an "Orwellian Police State", well with CCTV's, Surveillance Technology, Drug Barons, Gangland Hits on innocent civilians, terrorist acts on our doorstep, we already have.
A Police State more so, because as a "Nancy State", our inept Justice System allows Criminals and Terrorists free reign to hold us hostage in a Justice System which practises a "Revolving Door Catch and Release Criminals" as fast as Police arrest them.
As for a Public comprised of Law Abiding Citizens who voted on a Government to protect us against those who wish to do us harm? Well we are pretty much left on our own.
Victims Rights? What's That?
Seems it is only going to get worse than better when Governments throw cash at a Police System who do their job admirably, but are constantly stonewalled in their attempts, by a "Justice Systems Constant Failure" to recognize the "Big Criminal World Picture".
Supreme Court could put a muzzle on sniffer dogsJanice Tibbetts, Canwest News ServicePublished: Thursday, April 24, 2008OTTAWA - A case that started with a dog named Chief trying to sniff out drugs at an Ontario high school culminates in a Supreme Court of Canada ruling today on whether police can use scent-tracking canines for random searches in public places, including schools, parks, malls, airports and bus terminals.
At issue in the Supreme Court is whether sniffer dogs are an invasion of privacy that amount to unreasonable search and seizure under the Charter of Rights. The court will hand down rulings in two separate cases that have sparked enormous commentary and speculation in legal circles in the absence of any clear Canadian law.
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April 25, 2008 at 11:44 am by Barry Artiste, 296 views, 4 comments





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Comments (4)
at 20:02 on April 25th, 2008
Hi Barry, the original article you cite speaks to a Supreme Court ruling that is about to be handed down. What was the SCC ruling?
at 22:56 on April 25th, 2008
Thanks for the comments Cynthia.
The Supreme Court of Canada ruled Friday that police cannot use random dog searches to find drugs at schools or in public places, with the exception of airports.Federal Law protects Sniffer Dogs, but bus, ports, ferries and trains which are favourite targets of terrorists and drug smugglers alike may be not fall under this jurisdiction
http://news.sympatico.msn.ctv.ca/TopStories/ContentPosting.aspx?feedname=CTV-TOPSTORIES_V2&showbyline=True&newsitemid=CTVNews%2F20080425%2Fsniffer_dog_080425
at 23:02 on April 25th, 2008
Hi Barry, thank you for posting the link to the article on the ruling. I haven't read the ruling myself, but according to the article you cite, "In both cases, police did not have reasonable grounds to conduct the searches, the Court said.
"This is one of those cases where the court kind of steered a middle ground between requiring a judge to approve the use of dogs or no regulation at all," Frank Addario, president of the Criminal Lawyers' Association, told CTV Newsnet.
"They said... if the police have a reasonable suspicion that there's criminal activity taking place, they're permitted to use these dogs.
"Otherwise, it's too intrusive and too exceptional to authorize on a random basis."
at 01:44 on April 26th, 2008
True, but many police are not lawyers, and lawyers being lawyers (No offence there Cynthia), will always find a reason to discredit a police officers intent, regardless if he used a dog or not. Just the nature of the beast. Suspicion and Gut Instinct I guess are not grounds, but if used Lawyers will want Police to explain the reasoning behind their suspicion, many busts and convictions are done on gut instinct, but apparently that may not be sufficient in a court of law. Thus many criminals walk free on a technicality or a Judge who does not interpret the law to its maximum extent and purpose in order to get a strong conviction. BC Justice System a prime example. How many Repeat Criminals have been let free by Justices only to commit another crime in a short time after. Merritt a prime example, amongst many others.