Canada’s Supreme Court Rules Two Different Cases Privacy Breaches

Ottawa- In two different situations the use of a police search was ruled unlawful and a breach of privacy by the top Canadian Court.

In a 6-3 decision, the Supreme Court of Canada ruled both searches inadmissible. One case occurred in 2002 in the St. Patrick’s High School, located in Sarnia, Ontario. The other case before the court involved a search at the Calgary Bus Terminal.

In the high school case, a police drug-sniffing dog was used to search the school, and eventually discovered illegal mushrooms and marijuana in backpacks located in the school gymnasium. The court ruled that backpacks, as with purses and briefcases, a reasonable expectation of privacy is expected. The court ruled that the privacy expectation is reasonable and one that should be supported by society.

The other search and seizure case involved another drug sniffing canine, this time in the Calgary bus terminal in January 2002. A man that was traveling had heroine and cocaine in his bags, and a drug-sniffing dog discovered them.

The court ruled that using a drug-sniffing dog in a bus terminal is invasive, and is not covered by current law. They said that such actions should be established and provided for in the law by Parliament before such actions are engaged in.