I a recent ruling by the Canadian Supreme Court the use of Sniffer Dogs and other searching techniques such as (maybe) X-Rays may be a thing of the past.
In two seperate rulings the high court deemed that this is a case of unresonable search and siezure.
Now the speculation is how far will this be taken and what other types of searching and where these types of searches will be impacted. Some are saying that it will not affect searches at airports. Others say that all random warrentless searching in Canada will now be stopped.
This has implications that will go a long way beyond a syudent or two selling doobies but may impact safety in our skys and at border crossings. Will the US have to block the Canadian border to keep terrorists out?
IANAL but this is my take on it. The government and police will be curtailed by this. It may have to fall to Airlines to make all passengers sign a waiver that allows them to be searched, and if they won’t sign they don’t get a ticket.
I also believe it will be pushed not just to sniffer dogs but to all tools of searching such as x-rays, explosive detectors … These are all tools to do searches with, no more or less then the dogs. And if the person has an expectation of privacy our charter of rights and freedoms bars unlawful search and siezure.
Now there are times when the greater good should be more important then the rights of a single person if all people in that situation are treated equal and that the right of the individual that is taken away from them can not be used against them, just used to protect the people as a whole.
So you find the guy has a bomb and you take the bomb from him, and can use that as probable cause to then detain and get a warrent to do further searches of his house and car and stuff but what you find on him in the airport, his luggage and maybe even his car in the parking lot can not be used in court against him. Only further evidence can be used.
Somehow the balance of the individual to the public as far as rights go have to be balanced.
What do you think?