ntt@dciem.UUCP (Mark Brader) (05/18/84)
Ron Natalie (ron@brl-vgr.ARPA) guesses: > Unfortunately, stopping people without resonable cause is one of the > freedoms we are supposed to have here which I guess you don't have in > Canada. Well, we do. And the laws look pretty similar to me, though ours is less specific and, worse, can be overridden. See below. The question really is what constitutes reasonable, and for that matter what constitutes seizure or detention. I gave my opinion in the earlier article. Here are the relevant bits of the two Constitutions. The 4th Article of Amendment to the Constitution of the United States: USA> The right of the people to be secure in their persons, homes, USA> papers, and effects, against unreasonable searches and seizures, USA> shall not be violated, and no Warrants shall issue, but upon USA> probable cause, supported by Oath or affirmation, and USA> particularly describing the place to be searched, and the persons USA> or things to be seized. Extracts (complete sections) from our Constitution Act, 1982, Part I, The Canadian Charter of Rights and Freedoms: CAN> 1. The Canadian Charter of Rights and Freedoms guarantees the CAN> rights and freedoms set out in it subject only to such reasonable CAN> limits prescribed by law as can be demonstrably justified in a CAN> free and democratic society. CAN> 8. Everyone has the right to be secure against unreasonable CAN> search and seizure. CAN> 9. Everyone has the right not to be arbitrarily detained or CAN> imprisoned. This is not as powerful as it would appear, because there is a provision for laws to override these rights if they do it explicitly. (Some of the provinces insisted as a condition of accepting the new Constitution. I think it is most regrettable.) The key subsections go like this: CAN> 33(1). Parliament or the legislature of a province may expressly CAN> declare in an Act of Parliament or of the legislature, as the CAN> case may be, that the Act or a provision thereof shall operate CAN> notwithstanding a provision included in section 2 or sections 7 CAN> to 15 of this Charter. CAN> 33(3). A declaration made under subsection (1) shall cease to CAN> have effect five years after it comes into force or on such CAN> earlier date as may be specified in the declaration. The other rights and freedoms mentioned in 33(1) include freedom of religion, speech, peaceful assembly, association, life, liberty, security of the person; various rights that might be summarized as reasonable treatment on being arrested (e.g. lawyer, habeas corpus, bail, no self-incrimination, no ex post facto crimes, no cruel and unusual punishment); and freedom from discrimination based on race, sex, religion, age, etc. However, no such "explicit override" laws have actually been passed - yet. Mark Brader