The Canadian Press
TORONTO–Strip searches of suspects have become commonplace and are all too often unnecessary–and even illegal–despite sharp criticism of the practice going back almost two decades, one of Ontario’s police watchdogs reported today.
In a special analysis of the issue, the Office of the Independent Police Review Director says strip-search procedures across the province are inconsistent, poorly documented, and often show a misunderstanding of the law.
Director Gerry McNeilly called the situation “intolerable” in light of a Supreme Court of Canada decision in 2001 that established the legal parameters for the intrusive searches.
Violations have led to the exclusion of evidence and even the dismissal of charges, he noted.
“It is extremely concerning . . . police continue to conduct strip searches in violation of the law,” McNeilly said in a statement.
“This comes at a high cost to those directly affected by humiliating and intrusive searches and to the justice system, especially where unlawful searches result in the exclusion of evidence or the staying of charges.”
In many cases, McNeilly said the definition of what constitutes a strip search is poorly understood and procedures around the practice vary widely.
What’s clear, his report states, is that the searches never should be done routinely but McNeilly said it’s not helpful to try to come up with a hard and fast ratio for how many people arrested should be strip-searched.
In all, police in Ontario carry out 22,000 strip searches a year, the report states.
However, a key problem is the woeful state of data collection around the practice, making it difficult to properly compare differences among police services.
One key problem identified is the dearth of race-related information.
The report points out some people subjected to a strip search may suffer psychological harm, especially for individuals traumatized in the past or who otherwise are vulnerable.
Those involved in the justice system often don’t understand the impact.
The report, which urges authorities to take a hard look at the practice, makes 50 recommendations and includes a template for proper procedures.
Among the recommendations:
•ensure all police services understand the law around strip searches and the ramifications of violations;
•police services must keep solid and consistent statistics, including on race, related to such searches;
•enhance training for searches and what items might be found;
•clearly define what constitutes a strip search in line with the Supreme Court ruling on the topic;
•procedures for the practice must be clear; and
•searches should normally be authorized in advance and carried out by an officer of the same gender.
“Too often, police officers do not even follow existing procedures,” McNeilly said in his report.
“A number of officers professed ignorance of existing procedures or misunderstood what their obligations were.”
The report says strip searches, when necessary, should be carried out in a private area and are illegal if “carried out abusively or for the purpose of humiliating of punishing the arrested person.”