October
31, 2003
Coleman
on Strip Searches
Solicitor
General Rich Coleman may be the best organizing tool the NDP
ever discovered. His hard right approach to civil rights is
antagonizing federal Liberals who may see the Campbell coalition
for what it is, a provincial equivalent of the reactionary
Alliance. Witness the Liberal Premier-elect in Ontario who
is condemning tax cuts as right wing nonsense!
Coleman's
latest foray into civil liberties involves a bold assertion
that he will bring in legislation to overcome any constitutional
challenges to the practice of the Vancouver Police Department
to strip search all who are put in their jails. Vancouver
lawyer Cameron
Ward has filed a class action against the City of Vancouver
and the provincial government on behalf of two students who
were arrested in April following a demonstration. The students
were forced to disrobe when they were taken to the Vancouver
Jail.
According
to Ward strip searches contravene a Supreme
Court of Canada ruling-Regina vs. Golden and they "are
inherently humiliating and degrading for detainees... and
for this reason, they cannot be carried out simply as a matter
of routine policy."
It will
be interesting to follow Ward's case through the courts, but
it will be fascinating to watch Coleman in his efforts to
protect the Campbell government and the City of Vancouver
against Ward's legal action. Short of invoking the "not
withstanding clause" to ignore the Charter of Rights,
Coleman may not be able to allow strip searches, regardless
of circumstance. Could Gordon Campbell be so foolish as to
permit Coleman to use the not withstanding clause so that
police can indiscriminately conduct strip searches?
There
is an enormous difference between a few well intentioned protesters
who may be apprehended because they might be overly exuberant
in their civil disobedience vs. crack dealers who are pushing
drugs to kids.
Coleman,
a former cop, is giving a bad name to the police. If Campbell
backs Coleman's recklessness, he deserves to suffer the political
consequences. No one wants to give the police the power to
act as judge, jury, and executioner as they use strip searches
to harass political protestors.
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