High tech surveillance industries are big, big business.  And we should be increasingly concerned about how these industries are wooing government.  The Ottawa Citizen reports this week that high tech leaders are “quietly pressing” the federal government to become the trial site for “cutting edge products”.   Governments sometimes find it politically expedient to promote massive surveillance technologies as part of a “tough on crime” agenda, no matter how damaging to citizen rights or how lame or non-existent the evidence is that the surveillance actually reduces crime.  And now we have the high tech industries asking governments to become showcases for their intrusive surveillance technologies.

How worrisome is this development?  Very.  Keep it in mind as you read the following press release about the new Victoria Police Department pilot project of officers rigged out with audio-visual recording devices.  A little experiment in electronic surveillance that is being sponsored by the manufacturers of the devices who have made the equipment available on “loan”.

BCCLA Says Police “Body-Worn” Video Cameras Not About Police Accountability

Would you like your privacy invasion super-sized?  Not only is the Victoria Police Department implementing a policy of unlawful mandatory searches for alcohol during Canada Day celebrations, they have announced they will be invading your privacy with warrantless recordings as well.  The Victoria Police have announced the launch of a “pilot project” of police using “body-worn” video cameras attached to sunglasses and bicycle helmets.  The devices, which are for both video and audio recording, are being touted by the police as not only surveillance of citizens, but as a tool for police accountability.

Rob Holmes, BCCLA President said, “’Surprise! You’re on candid camera!’ is not a lawful policing practice.  That’s why the law requires a warrant from a judge before intercepting private communications.  This Victoria Police plan for Canada Day may be just as unlawful as the dragnet alcohol searches.  Little information has been made available to assess this proposed experiment.  The idea that it is being done as a police accountability tool sounds ridiculous.  Officers control when the devices are off and when they are on.  No one is naive enough to imagine that police officers will voluntarily record themselves committing an improper act.”

The Victoria Police have not disclosed which two device manufacturers have “loaned” the devices for this pilot project.  TASER International manufactures these devices and their model allows officers to flick them off for “off-the-record” conversations.  Const. Brendon LeBlanc has been quoted saying that the plan is for officers to inform people they are being recorded, but he asserts at the same time that  they are not required to do so.  The recordings are set to transmit to a desktop system at the police station.

Rob Holmes:  “Police are not free to use surveillance technology at whim.  Important questions about our civil rights and protection are involved.  Let’s not get side-tracked with a diversion over police accountability.  If this were really about monitoring the police, the recordings would go to some neutral third party, like the Office of the Police Complaints Commissioner, for review, not to a police station.  It’s no coincidence that the video recordings of police misconduct have come from citizens and not the police. If accountability is really the issue, this isn’t the right model.  The spin the Victoria Police Department is trying here shows a low estimation of what Canadians think of their constitutional rights.”

BC Transit has announced a policy not to allow alcohol on Victoria’s transit vehicles on Canada Day, stating that service will be “monitored” and customers will be asked to demonstrate compliance.  Those who refuse to be searched will apparently not be allowed to board transit vehicles.  The news release included a comment from the Victoria police chief applauding this policy.

The policy is simply unlawful, and the BC Civil Liberties Association is advising victims of this policy to consult legal counsel about bringing a class action or other civil suit should they be subjected to an illegal search.  People who feel compelled to submit to a search, even if they consent to such a search in order to board a bus, may argue that they have been subjected to unlawful detention and search.  As a matter of law, the police must catalogue all seized property so that it can be reclaimed or individuals can be compensated for lost or destroyed legal property.

It’s not just the BCCLA calling the searches unlawful.

In 2008, the BCCLA filed a complaint against the Victoria Police Department and four other police departments in the capital region for implementing a program of mandatory searches for alcohol on Canada Day.  The Commission for Public Complaints Against the RCMP agreed to do a public interest investigation based on the complaint, ultimately finding that the practice was unlawful on many levels.  The CPC report went so far as to say that even search checkpoints based on consent are “potentially irreconcilable with ensuring that the citizen is aware of the right not to be searched.”

The CPC report examined the British Columbia Transit Act and found that

“The transit employee’s power to deny the use of a transit vehicle is contingent upon the person’s disobedience of a sign or failure to comply with rules.  The disobedience or failure must be established before the employee may take such action.  The regulation does not authorize the transit employee to search the passenger or would-be passenger in order to determine whether the person is disobeying or not complying.  It is not the source of a power to search passengers’ bags.”

RCMP Commissioner William Elliott agreed with the CPC report and stated that

“the British Columbia Transit Act and Transit Conduct and Safety Regulation do not authorize searches of passengers’ bags at the bus stops.”

As a result of the CPC report, Commissioner Elliott has expressly directed RCMP members not to participate in mandatory search programs.  The RCMP will police public drinking and intoxication with police presence, a method that works without any intrusion into civil liberties.  The Victoria Police Department seems determined to waste time and energy on unlawful searches.  And now they seem determined to waste the City of Victoria’s budget defending lawsuits.  Clearly the police need to find another way.

It shows real scorn for the law to implement a policy known to be unlawful.

BC Police Complaint Commissioner Stan Lowe announced yesterday that a public hearing will be held on the unlawful detention and abuse of force by two Victoria police officers after they detained  15-year-old Willow Kinloch.

Kinloch was handcuffed and tethered by the ankles in a cell for four hours.  Kinloch filed a police complaint, which cleared the officers of wrongdoing.  In 2008, a BC Supreme Court jury awarded $60 000 to Kinloch. Ms. Kinloch was awarded costs in the suit as well.

Retired provincial court judge Allan Filmer will be the adjudicator at the public hearing and Victoria lawyer Brad Hickford has been appointed as commission counsel.  Coinciding with the BCCLA complaint in January, 2008, the Office of the Police Complaints Commissioner ordered an external investigation under the Police Act when the Victoria Police Department made public statements that appeared to bias the investigation. The investigation was conducted by Vancouver police, which ultimately cleared the Victoria Police Department of wrongdoing, stating that the allegations against the officers were “unsubstantiated” despite the video of the incident.

You can check out video of the incident, the BCCLA’s complaint and the article in the Vancouver Sun.