Freedom must be protected
Published Thursday August 14th, 2008
In Moncton Tuesday, Provincial Court Judge Irwin Lampert rendered a decision in a drug possession for the purpose of trafficking case, finding a police search of a suspect's vehicle legal, then bluntly inviting the defence to appeal his ruling because judges are split on whether police tactics are constitutional or not.
It may be unusual, but Judge Lampert is correct. The matter needs to be clarified. It goes to the very heart of our freedoms and constitutional rights.
A democracy isn't worth much if everyone's rights and freedom are not respected and constitutional protections are not applied equally to all, including criminals and others who for some reason may seem suspicious.
At the heart of this and other recent cases locally are the actions of a single RCMP officer whose methods have raised many legal eyebrows. Police are supposed to have reasonable grounds or just cause to stop people and conduct searches. But where, exactly, are the lines drawn between reasonable and unreasonable; just and unjust?
The officer in these particular cases has been stopping vehicles (are these random stops or reasonable?) for alleged traffic violations although often it turns out there was none. Once stopped, and if papers check out, the citizens are told they are free to go, but asked if they'd mind answering a few questions. Why? This is the start of a fishing expedition with no grounds or just cause. If the officer gets suspicious during the questioning, the person is asked if a search can be conducted? Are the suspicions, created by his own questions, reasonable grounds? What degree of intimidation is going on here simply by the fact the citizen is dealing with an armed police officer and is alone on the side of a highway? Many people would say "yes, go ahead and search" simply because they fear what might happen should they say "no," as is their right.
In our opinion, the judges who have ruled that this violates constitutional rights are correct. Canadians should be protected from this sort of thing.
And there is good reason. The potential for abuse of the tactics, even if it is not happening locally, is enormous. Our freedoms and rights are far too important to allow such violations simply to collar a few extra drug dealers or other criminals.
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Comments (12)
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Who is an RCMP officer to do what is being noted in this case? This is the stuff of police states, which one might expect in Russia or China, but hardly in Canada. Let's get some prompt rulings on this issue.
Now I wonder why that is?
My guess would be this most ARE ON DRUGS TODAY!!!!
The police are trained for this type of thing and they know when someone is acting suspicious. As far as I'm concerned a policeman should NOT have to ask to search your car!
This is like our troops in Afghanistan having their hands tied when it comes to the drug crops over there. It is known that Afghanistan supplys 90% of the worlds heroin. It is also known that some of the money made from these drugs make it back into the hands of the Taliban and they use this money to buy equipment to fight and kill our troops.
DO WE DESTROY THESE CROPS? Nope wouldn't want to upset the Afghanistani's NOW WOULD WE.
Here the cops have to ask to search your car???? Don't want to upset the dopeheads!!! WOW!!! Priorities gone askew AGAIN!!!
I'm not willing to give up the constitutional freedoms that an entire generation fought for sixty years ago to catch a few "dopeheads". These rights date to the Elizabethan era, when it was declared that a man's house is his castle, and that the Crown had no right to enter unless granted permission.
If you are willing to give up 400-odd years of common law to seize some illicit drugs, so be it. As far as I'm concerned, my house remains my castle. My priorities are firmly in place.
I say beware of those in government who peddle security,protection, and fear. Those who willingly put our young men and women in harm's way in order to score points with the regime curently in power in the USA.
Freedom was never safe. Freedom was never neat and tidy. Freedom is what we choose to make it as long as we still have the freedom to choose. And freedom is all we really have
There are forces influencing this country who would see our freedoms diminished exponentially. They influence and sway public opinion through corporately controlled media, including TV and movies and imo some religious denominations.
And as far as drugs are concerned...all drugs should be legal but controlled.
Yes sir DIDN'T I say it! Most are on drugs and so most do not want their cars searched!!!!
I REST MY CASE!!!!
Because we made a mistake with booze HEY lets make another BIG MISTAKE and make drugs legal too!!!
WOW!!! Beam me up Scottie there seems to be little intelligent life down here things are going to hell in a basket FAST!!!!
Yes sir DIDN'T I say it! Most are on drugs and so most do not want their cars searched!!!!
If wish to believe that I am on drugs, well that's your prerogative. But NO I don't do drugs...very rarely do I take even a Tylenol.
Whenever there is a market for a product legal or not. Somebody is going to sell and someone is going to buy. Now, we can bury our heads in the sand, and make beleive there is no market for drugs while organized crime and gang violence run rampant. Or we can legalize all drugs and regulate their usage.
Maybe you should look into moving to America. It is a police State compared to Canada.
"I hate to advocate drugs, alcohol, violence, or insanity to anyone, but they've always worked for me" - Hunter Thompson
Your views are childish and authoritarian. Ever notice how often this is often the case?