The Vancouver Police Department have a little-known, informal policy: it’s okay to drink on the beach if they say so.  The VPD says they’re not targeting those who sneak a sip of wine on the beach “discretely”, but rather are targeting what they call “rowdies”.

It’s a decent policy given the constraints of current municipal and provincial law, although the BCCLA might suggest that the issue is not the alcohol, but the conduct of the individuals involved which needs to be policed and that our laws - not the arbitrary decision of a police officer - should set out that distinction so that people may guide their conduct accordingly.

The RCMP may or may not take the same approach, but they are certainly cognizant that a technical enforcement of the law is not always the best policy.

Part 18.1, section 5.1.2 of the RCMP Operations Manual states the following:

Historically, it has been reported to the BC Civil Liberties Association that police have been seizing and dumping out alcohol on beaches, in one case leaving a large pile of beer cans on the beach before departing.  One wonders about the littering aspect, but possessing alcohol is not an offense, provided it is possessed for a legal purpose (like not drinking in public in an unlicensed venue like the beach).  If the police are going to seize alcohol, they are supposed to provide you with a receipt or ticket so that you may have the opportunity to challenge the seizure and retrieve your property.

The report by the Commission for Public Complaints Against the RCMP that clarified the legality of mandatory searches and the seizure of alcohol is essential beach reading.

Tags: Search & Seizure, VPD

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