MORE POLICE ABUSES OF THE CHARTER OF RIGHTS

The title of this story in the June 1, 2019 Waterloo Region Record is "Supreme Court sides with man over detention in race-tinged case". Essentially police were advised by security guards that a specific address in a Toronto housing complex was a "problem address" regarding concerns about drug trafficking. Toronto police then entered a private backyard and began questioning an Asian man who was talking to four young black men. Without any reasonable cause to enter the private property police arrested the Asian man and he was found to be in possession of drugs and a weapon. He was convicted of those offences and appealed to the Ontario Court of Appeal where he also lost. The Supreme Court of Ontario however said that the Toronto police actions amounted to arbitray detention and a serious violation of the man's rights. His conviction has been overturned.

The basic principle that the Supreme Court upheld is that over-policing of racial minorities in Canada is unconstitutional. When there is no reasonable suspicion of criminal activity police do not have the right to enter either homes or properties without permission or a warrant. They especially are forbidden from doing this in the case of racial minorities unless criminal activity has been ascertained beforehand. For me what is very interesting is that two lower courts got this totally wrong. Not all citizens have the financial means to go to Canada's highest court especially after expensive legal fighting in the lower courts.