{"id":10536,"date":"2016-08-07T17:40:38","date_gmt":"2016-08-07T17:40:38","guid":{"rendered":"http:\/\/localhost:81\/wordpress\/?p=10536"},"modified":"2016-08-07T17:40:38","modified_gmt":"2016-08-07T17:40:38","slug":"ontario-police-review-agency-to-study-strip-searches-in-province","status":"publish","type":"post","link":"https:\/\/www.nrlawyers.com\/chinese\/ontario-police-review-agency-to-study-strip-searches-in-province\/","title":{"rendered":"Ontario police-review agency to study strip searches in province"},"content":{"rendered":"

The Office of the Independent Police Review Director or OIPRD is launching a thorough review of the use of strip searches by police in Ontario. The OIPRD is an \u201cindependent civilian oversight agency\u201d that investigates public complaints against police in the province. The agency is affiliated with the Ontario Ministry of the Attorney General.<\/p>\n

CBC news\u00a0spoke with Director Gerry McNeilly<\/a>\u00a0of OIPRD about the new strip-search review effort, which he decided was appropriate because he receives hundreds of reports from members of the public alleging that they were \u201cimproperly and illegally searched.\u201d<\/p>\n

McNeilly told CBC that he has discussed the issue of strip searches with provincial police chiefs, but that due to lack of change he is launching this \u201csystemic review\u201d to inform people of their\u00a0rights after arrest<\/a>\u00a0and to educate law enforcement about the \u201crules and regulations.\u201d<\/p>\n

The director said that he will \u201cemphasize what the Supreme Court of Canada said, that it\u2019s humiliating, it\u2019s degrading, it\u2019s the worst search anyone can be subjected to.\u201d<\/p>\n

The leading Supreme Court case on strip searches is\u00a0R. v. Golden<\/a><\/em>\u00a0from 2001, a case appealed out of Ontario that performed an exhaustive review of the history of the law in this regard in Canada and other countries.<\/p>\n

The court held that for a strip search after arrest and without a warrant to be constitutional and not in violation of a defendant\u2019s Charter rights to be free of unreasonable search and seizure and to privacy, the arrest must have been lawful; the strip search must be incident to or related to the reason for the arrest; and the search must relate to either the need to preserve evidence related to the reason for the arrest or for weapons.<\/p>\n

In addition, strip searches in these circumstances must be carried out in a reasonable manner that complies with the Charter. The court spent pages discussing what factors are important in determining whether the manner of the search was constitutional.<\/p>\n","protected":false},"excerpt":{"rendered":"

The Office of the Independent Police Review Director or OIPRD is launching a thorough review of the use of strip searches by police in Ontario. The OIPRD is an \u201cindependent civilian oversight agency\u201d that investigates public complaints against police in the province. The agency is affiliated with the Ontario Ministry of the Attorney General. CBC […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[2],"tags":[43],"class_list":["post-10536","post","type-post","status-publish","format-standard","hentry","category-criminal-defence","tag-criminal-defence"],"_links":{"self":[{"href":"https:\/\/www.nrlawyers.com\/chinese\/wp-json\/wp\/v2\/posts\/10536","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.nrlawyers.com\/chinese\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.nrlawyers.com\/chinese\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.nrlawyers.com\/chinese\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.nrlawyers.com\/chinese\/wp-json\/wp\/v2\/comments?post=10536"}],"version-history":[{"count":0,"href":"https:\/\/www.nrlawyers.com\/chinese\/wp-json\/wp\/v2\/posts\/10536\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.nrlawyers.com\/chinese\/wp-json\/wp\/v2\/media?parent=10536"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.nrlawyers.com\/chinese\/wp-json\/wp\/v2\/categories?post=10536"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.nrlawyers.com\/chinese\/wp-json\/wp\/v2\/tags?post=10536"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}