Showing posts with label search warrants. Show all posts
Showing posts with label search warrants. Show all posts

2008-04-25

The Supreme Court Rules !

As my daughters would say “The Supreme Court Rules”. And just why does the Supreme Court rule. The Supreme Court rules because the Supreme Court of Canada ruled in “R. v. A.M.” that young people do not lose their constitutional protection against “unreasonable search and seizure” under the Canadian Charter of Rights and Freedoms simply because they are in a school.

According to a CBC report:

The first case involved an unexpected police visit to St. Patrick's High School in Sarnia, Ont., in 2002. During that visit, students were confined to their classrooms as a trained police dog sniffed out backpacks in an empty gymnasium.

The dog led police to a pile of backpacks, one of which contained marijuana and magic mushrooms. A youth, identified only as A.M, was subsequently charged with possession of marijuana for the purpose of trafficking.

But police admitted they didn't have a search warrant or any prior tip about drugs in the school. The officers had instead visited on the basis of a long-standing invitation from school officials.

In 2004, the Ontario Court of Appeal upheld a previous trial judge's decision to exclude the drugs as evidence and acquit the youth. The court referred to the incident as "a warrantless, random search with the entire student body held in detention."

In Friday's ruling, the Supreme Court wrote that while "a warrantless sniffer-dog search is available where reasonable suspicion is demonstrated" in this case, "the dog-sniff search was unreasonably undertaken because there was no proper justification."

The court wrote that students' backpacks "objectively command a measure of privacy."

"No doubt ordinary businessmen and businesswomen riding along on public transit or going up and down on elevators in office towers would be outraged at any suggestion that the contents of their briefcases could randomly be inspected by the police without 'reasonable suspicion' of illegality," the court wrote.
Indeed, the Supreme Court does rule. Young people are slowly gaining the recognition that they deserve the same constitutional rights as anyone else and should not be discriminated against solely because of their age.

2008-04-23

Tories Going To A Lot of Trouble To Hide Their Innocence

Prime Minister Stephen Harper claims that the Tories “in and out scheme” was in accordance with Canada’s election financing laws.

"Our position is that we always follow the law as we understand it," the prime minister said in response to a reporter's question at a joint news conference with U.S. President George W. Bush and Mexican President Felipe Calderon in New Orleans.

"We were following in the last election the interpretations that had been put on that law in the past," Harper said. "If those interpretations change, we will of course conform, but we will expect the same rules for every single party."
If they were so innocent why the elaborate attempts to cover-up the scheme, including the use of forged documents.
Even before last week's raid, Elections Canada had obtained numerous statements from party candidates and invoices from the Toronto-based advertising agency Retail Media.

Investigators also talked to Retail Media executives, including chief operating officer Marilyn Dixon, who when shown one candidate's invoice, speculated that it must have been "altered or created by someone" since it didn't conform to the appearance of the company's invoices.
Why was it necessary for Elections Canada to call in the RCMP and require a search warrant to get access to the documents regarding the scheme.
RCMP searched Conservative party headquarters in Ottawa on Tuesday (April 15) at the request of Elections Canada.

Elections Canada spokesman John Enright confirmed that elections commissioner William Corbett requested the assistance of the Mounties to execute a search warrant, but he wouldn't say why.

Elections Canada is probing Conservative party spending for advertisements during the 2006 parliamentary election campaign. Corbett, who enforces the Elections Canada Act, launched an investigation in April 2007 after chief electoral officer Marc Mayrand challenged the spending claims.
The Tories have done, and are doing, all the things that someone trying to hide a fraudulent scheme would do and none of the things that someone who is innocent would do.

Of course they would have you believe that there is a conspiracy of people out to get them. The only conspiracy will be at the next election when the voters conspire to put them out of office.