| CANADIAN LAW: SECTION EIGHT OF THE CHARTER OF RIGHTS AND FREEDOMS Under s.8, every individual shall be free from the unreasonable search of his/her person. This section protects people, not places. The right to search articles, places, or vehicles is determined based upon the individual’s reasonable expectations of privacy regarding the articles/items while attending, visiting, receiving treatment or participating at a specific facility, occupation, or school. Expectations of privacy can be established and set by publishing and publicizing policies that address such items and their treatment. By informing clients, students, patients and others affected by the policy of the distinct procedure of places, items, vehicles being subject to a non-invasive scan, you are effectively lowering their expectations of privacy with regards those items, vehicles and places. Those subject to the policy will be advised that these scans are performed without prejudice or preconceived concept; that is, regardless of age, race, gender, etc. Items and articles do not have to be tampered with in order to perform a scan. If the dog alerts that there are illegal drugs within an article, the article is turned over to authorities and the alert may be used as grounds for a warrant to open or investigate the item; however the proper authorities and not Crusader Resources shall do this. This policy, combined with a definitive policy regarding illegal drugs and substances, will enable all companies, business’s and corporations to implement and establish an effective system of addressing drug trafficking, use and prevalence within the city’s school’s, facilities, and workplaces. This same system, combined with an employee policy that strictly prohibits the use/possession of illegal drugs, can contribute to accomplish similar expectations with personnel within a business. By informing employees of policy and positions towards drug use and trafficking, the expectation will be set that this behavior will not be tolerated. Procedures to be implemented such as vehicle scans, workstation scans, and assigned corporate property scans will be explained to personnel. The business’ executive and managing administrators are responsible to set appropriate procedure for the treatment of an employee found to have illegal drugs. It is imperative to make clear that scans are carried out regardless of seniority, race, age, gender, or any other characteristics. The general rule is that the use of dogs to sniff items, vehicles, or containers does not constitute an unreasonable search, and therefore is not covered by the constitutional constraints against unreasonable search and seizure. Some of the justifications for this judicial posture are: the use of dogs does not involve any physical intrusion; the intrusion is restricted because the dog is discriminate; the intrusion is not aimed at the person but rather at an inanimate object; and the use of dogs is not analogous to using a sophisticated electronic device. The courts have therefore given the seal of approval to warrant-less sniffing. |
