Jul
28
2009
BCCLA lodges police complaint after unlawful searches reported at fireworks
Author: Silvana LoveraThe BC Civil Liberties Association has received information that the Vancouver Police Department implemented a policy of unlawful mandatory searches during the Celebration of Light fireworks. The BCCLA has accordingly filed a policy complaint under the Police Act against the VPD.
In January 2009, the Commission for Public Complaints Against the RCMP released a report in relation to a similar complaint arising from events in Victoria, BC, analysing the law in BC regarding mandatory searches for alcohol. The report ultimately found mandatory searches to be unlawful. The report went so far as to say that search checkpoints, even if based on apparent consent, are “potentially irreconcilable with ensuring that the citizen is aware of the right not to be searched.” As a result of the CPC report, RCMP Commissioner Elliott has expressly directed RCMP offers not to participate in mandatory search programs.
A witness observed pedestrians in English Bay being randomly approached by VPD officers who asked to search their personal belongings. The witness approached the VPD officers and inquired about VPD authority to search for and seize alcohol. The VPD officers responded by falsely claiming that this practice is consistent with the Liquor Control Act.
Simply put, suspicion is not reasonable grounds for a search. The CPC report makes that clear:
It is not enough [grounds for a law enforcement officer to justify a search] to believe that some, or many, or most, people in a particular group are in possession of liquor for an unlawful purpose.
The CPC report clarifies the law, that mandatory searches for alcohol are unlawful. It appears that the report has been ignored by the VPD, who continues to direct its officers to conduct mandatory searches for alcohol at large-scale events. The Celebration of Light is one among many of Vancouver’s large public events, which include the Pride Parade, and the upcoming Olympic and Paralympic Games. The BCCLA is alarmed by the police resistance to end mandatory searches. These actions will not only affect residents of Vancouver, but the reputation of Vancouver as a tourist-friendly city in a country which respects the rights and freedoms of its citizens and its guests.
Check out the report by the Commission for Public Complaints Against the RCMP.
Check out the letter of complaint.