I Know my Rights Officer; The OIPRD Strip Search Report

BY MICHAEL THOMAS

Ontario’s Independent Police Review Director, Gerry McNeilly had a lot to say on March 21^st, 2019 when he released his systemic review report on police strip searches in Ontario.

Amongst his findings in this report were the copious strip searches by Ontario police that were illegal, unjustified, and intruded on the rights of the persons being searched. As a result of this, many cases have been thrown out of court on the grounds that the searches were conducted against the codes that have been provided. The unfortunate part about this is that the findings also revealed that Toronto Police Services carried out the majority of these searches.

This report revealed other inconsistencies in the way police handle strip searches across the province; many officers lacked the knowledge as to how and when strip searches should be conducted, and to add insult to injury, there is a significant shortage in strip search data collection, documentation and officer training.

Canada’s Supreme Court defined what a strip search really is, and when and how it can be legally done. The Canadian Charter of Rights states that everyone has the right to be secured against unreasonable search and seizure contrary to section eight of the charter. What is a strip search? A strip search does not necessarily involve the complete removal of the subject’s clothing. What the community needs to know is that if you are asked to remove or rearrange your clothing to permit the visual inspection of your undergarments or private areas that is also considered a strip search.

In 1997, Toronto Police Officers arrested a Mr. Ian Golden for cocaine trafficking. Golden was strip-searched and a package of crack cocaine was removed from his buttocks. Golden appealed his drug trafficking conviction to the Supreme Court of Canada, on the grounds that he was searched illegally contrary to section eight of the charter. The Supreme Court overturned his conviction and acquitted Mr. Golden of the charges.

McNeilly stated, “It is extremely concerning that almost two decades after the Golden decision, police continue to conduct strip searches in violation of the law. This comes with a high cost to those affected by the intrusive search and to the justice system especially where an unlawful search results in the exclusion of evidence or the staying of charges.”

“Front line officers and their supervisors are the ones that make the decisions as to who gets searched, when, and how the strip search occurs,” McNeilly stated. “I find that many police forces do not have an annual refresher training course specific to strip searches.”

The OIPRD findings reveal that Ontario Police Services have not generally kept race-related statistics of their interactions with members of the public and this leaves one to wonder why? The Ontario Human Rights Commission, as recently as last December, found that Toronto police has been disproportionately targeting blacks and other people of color for a very long time. Could the absence of race-related recordkeeping in strip searches be convenient? If the OHRC findings last December are to be used as a weather indicator on transparency and accountability in this province, one can safely say that the forecast does not look too bright for minorities in Ontario.

McNeilly expresses serious concerns about the role race plays in how and if a search is conducted; as a result, it is now recommended that strip searches are done only when needed and in accordance with the law. It is important to note that Toronto Police Officers are said to have conducted the most searches across this province; they have even introduced new measures including a full body scanner, pilot project, and x-ray.