Commitment. The B.C. Civil Liberties. the democratic. BRAIDWOOD INQUIRY BCCLA Urges Moratorium on Tasers INSIDE

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1 the democratc Commtment JOURNAL OF THE BRITISH COLUMBIA CIVIL LIBERTIES ASSOCIATION SUMMER 2008 / VOLUME 42 NUMBER 2 INSIDE 2 To the Converted New BCCLA presdent Rob Holmes shares hs vews on where the Assocaton s headed 5 Makng a Dfference A message from Sarah Sandusky 6 Events RFID forum AGM 7 Prvacy Patent prvacy threatened by electronc health records 8 Law Educaton BCCLA seekng change n schools 9 Ltgaton Update Frank Paul Safe njecton ste Omar Khadr Illegal strp search Sexual orentaton 12 The Power of Lberty Edde Greenspan to speak at BCCLA event The BCCLA acknowledges the generous support of the Law Foundaton of BC BRAIDWOOD INQUIRY BCCLA Urges Moratorum on Tasers The B.C. Cvl Lbertes Assocaton has urged Thomas Bradwood, Q.C. to place a moratorum on the use of Tasers by polce untl more ndependent research s undertaken and the weapon s deemed not to pose an unreasonable rsk of safety to the publc. The BCCLA s wrtten and oral submssons were presented to Mr. Bradwood on May 23, 2008 by BCCLA Executve Drector Murray Mollard. Mr. Bradwood s the Commssoner responsble for two Commssons of Inqury a study commsson whch s to nqure nto and report on the use of conducted energy weapons by muncpal polce n B.C. and a hearng commsson whch s to nqure nto and report on the crcumstances of the death of Robert Dzekansk, the Polsh mmgrant who ded at Vancouver Internatonal Arport n October 2007 after beng stunned by a Taser weapon. The BCCLA has been callng on the government to ensure the safety of the Taser and to create unform, hgh standards for tranng, deployment and reportng on the use of the weapon snce t was frst ntroduced n Brtsh Columba almost ten years ago. To date, the government has done nether. The BCCLA s submsson to Commssoner Bradwood focuses on fve areas ncludng the falure of the provncal government to adequately evaluate and regulate the Taser, the need for more research, a precautonary approach to the weapon, a call for the mplementaton of standards and the need for a further publc revew n three years. The Taser s a weapon that was orgnally sold by the polce to poltcans and the general publc as an alternatve to usng a frearm that would save lves. For example, rather than shoot threatenng ndvduals sufferng from a mental dsorder, a Taser would be used. Over tme, t has become clear that the Taser has been used by polce n a wde range of much less serous crcumstances, ncludng those where there s no great threat to polce or publc safety. contnued on page 3

2 TO THE CONVERTED An ancent poet s counsel (Horace, I do beleve) about catchng a reader s nterest by startng n the mddle of thngs s, for me, not a matter of plannng but of followng the course, and the force, of events snce I became Presdent of the BCCLA. I have been nvolved n the BCCLA snce 1979 and the range of cvl lbertes ssues that arse and how the BCCLA engages them never ceases to amaze me. The actvty level rght now seems very hgh. But the extent of the BCCLA s nvolvement matches that. For that, I must gve specal credt to Jason Gratl, who has served ably and dlgently as our Presdent and who contnues to volunteer hs tme and efforts as our Vce-Presdent. I know that we wll have to rely upon hm, the Executve and Board, and, of course, Murray Mollard and our dedcated staff, to contnue addressng the concerns that cvl lbertarans have to the ssues of the day. My apprecaton for all of that grows wth each day that passes. So where are we now and where does t appear that we are gong? Whle I am sure I wll have left out several, the concerns at the fore now appear to me to be: The Polce and those n custody The Natonal Parole Board, Appeal Dvson reversal of the decson of a panel of the Natonal Parole Board n the Latmer case (thanks to the efforts of Jason Gratl) the RCMP Complants Commssoner s poston concernng our complants about publc announcements of crmnal nvestgatons durng electon campagns, the Transt Polce use of Tasers on 10 occasons n the past 10 months, ncludng ncdents nvolvng whether fares had been pad, the Bradwood Commsson hearngs nto the use of Tasers, the treatment of a young woman n a padded polce cell n Vctora, the Frank Paul Inqury concernng a tragc death n custody and ongong concerns about accountablty (whch we beleve wll not be ensured untl comprehensve cvlan nvestgaton of the polce and of complants about the polce s put n place); A message from our presdent Rob Holmes democratc commtment 2 BCCLA Free speech and the democratc process The Smpson v. Mar defamaton sut (where I appeared as BCCLA counsel) at the Supreme Court of Canada (judgment stll reserved), Human Rghts Trbunal cases concernng complants from relgous groups that vews freely expressed n MacLean s magazne were offensve, the B.C. government s attack on votng rghts (ncludng a new electoral map and voter ID laws) and on free speech (through a 150 day gag rule for non-poltcal party electon advertsng), and the Cty of Powell Rver s threats to sue ndvduals who spoke out about local electon ssues for alleged defamaton of the cty; Prvacy Ongong concerns about the use and sharng of medcal, fngerprnt, DNA and other personal nformaton among government offcals, medcal professonals and busness groups; Human dgnty and necesstes Prompted by the valuable dscusson at our AGM ths year, we have a renewed focus on matters concernng basc human needs for housng, food, water and securty, ncludng for the homeless, the poor, the dsabled and others n need, whle contnung our concern about unfar dscrmnaton; and Canada s values nternatonally Our government s actons nternatonally, ncludng prsoner transfers n Afghanstan, our recent successful nterventon at the Supreme Court of Canada n the Omar Kadr case whch wll have a major postve mpact on our government s nternatonal actons complyng wth the Charter. So, I conclude ths message as I started we stand n the mddle of thngs, our nterest and attenton caught by the currents sweepng us along, but our resolute am one of protectng and advancng the values that we as cvl lbertarans hold dear.

3 contnued from page 1 The most egregous example of ths phenomenon has been the recent revelaton that SkyTran polce have used the Taser to subdue fare evaders. Ths shft n Taser use over tme, also known as usage creep, has occurred due to a vacuum of government control over the polce. The BCCLA s submsson emphaszes the lesson to be learned from the lax regulaton of the Taser: the Mnstry of Publc Safety and Solctor General n B.C. had an oblgaton to properly evaluate and regulate the Taser when t was frst ntroduced. Rather than dong so, the government delegated all ts responsblty to the polce. The result has been usage creep, uncer- Wth a reported 350 deaths assocated wth Taser use n North Amerca and an unknown number of njures, there s a real concern about the weapon s safety. The BCCLA therefore urged Mr. Bradwood to recommend new research ncludng research nto the rsk of Taser deployment to those wth pre-exstng heart dsease, pregnant women, chldren, the elderly and the mentally ll. There should also be research regardng the mpact of pan caused by Tasers, the rsk of multple shocks and the effects on those who are severely agtated or dstressed due to drug use or other causes. The research wll need to be ndependent of any manufacturer or potental user of the weapon to ensure credblty of the results. There appears to be no consensus among the scentfc and medcal communty about the safety of the Taser. tanty about the weapon s safety, a lack of relable data about ts use, and growng publc dstrust of the polce. Inevtably, new weapons technology wll arrve on the scene. Publc authortes need to learn from ther mstakes about lax evaluaton and regulaton of the Taser. Inadequate cvlan governance over polce s a theme that mrrors the problem of cvlans who de or are serously njured whle n polce custody. Publc confdence s a key ngredent to successful polcng. Lax cvlan governance and oversght of the polce erodes publc confdence n the polce and undermnes publc safety. Durng the publc hearng phase of the Inqury, Mr. Bradwood also heard from many other groups and ndvduals ncludng the polce, Taser Internatonal, doctors, scentsts, advocacy groups and concerned ctzens. There appears to be no consensus among the scentfc and medcal communty about the safety of the Taser. Gven that uncertanty, the BCCLA urged Mr. Bradwood to take a cautous approach, one that justfes a moratorum on Taser use. In the alternatve, f Mr. Bradwood recommends contnued use of the weapon, the BCCLA urged that the weapon be restrcted to use only when a frearm s otherwse authorzed. fghtng for freedoms snce 1962 Brtsh Columba Cvl Lbertes Assocaton West Georga Street Vancouver, Brtsh Columba Canada V6E 4A2 Tel: E-mal: nfo@bccla.org Web: Board of Drectors Robert Holmes, Presdent Jason Gratl, Vce Presdent Alan Rowan, Treasurer John Dxon, Secretary Reem Bahd, Warren Bourgeos, Alster Browne, Mchael Byers, Jame Cameron, Bng Chan, Tm Chrste, Larry Cohen, Ann Curry, Greg Delbgo, Dave Eby, Avgal Esenberg, Mchael Feld, Tom Gore, Conrad Hadland, Shrley Heafey, Frances Henry, Stephen Katz, John Kbblewhte, Ross Lambertson, Ed Levy, Mary McDonald, Stan Persky, Ann Pollak, Kent Roach, Rchard Rosenberg, John Russell, Tom Sandborn, Steven Savtt, Carol Tator, Krk Tousaw, Reg Whtaker, Scot Wortley, Erc Wyness Staff Murray Mollard, Executve Drector Mcheal Vonn, Polcy Drector Grace Pastne, Ltgaton Drector Jm Braunagel, Offce Manager Sarah Sandusky, Drector of Development Catherne Wong, Artcled Student Jesse Lobdell, Caseworker Abeed Bhmj, SFU Student Megan Tweede, Summer Student The Democratc Commtment s a publcaton of the Brtsh Columba Cvl Lbertes Assocaton. Its mandate s to preserve, defend, mantan, and extend cvl lbertes and human rghts across Canada through publc educaton, complanant assstance, law reform and ltgaton. Publcatons mal agreement democratc commtment 3 BCCLA

4 TASERS Currently, the Taser s classfed as an ntermedate weapon whch authorzes the polce to use t when there s merely actve resstance from those that the polce have lawful authorty to detan or arrest, a standard far too low accordng to the BCCLA. The BCCLA has also urged strct control and regulaton of the weapon ncludng clear, enforceable standards regardng tranng, use and reportng. All polce recruts should be traned to a hgh standard at the Justce Insttute and re-certfcaton should occur annually. Traners must also be certfed and tranng materals should be ndependent of Taser Internatonal. Tranng for polce offcers should also nclude extensve tranng regardng crss nterventon so that dalogue and negotaton can be used to solve conflcts rather than force. The BCCLA commends the Vancouver Polce Department for ts program to tran all ts offcers n crss nterventon and recommended that the provnce pck up the bll to ensure all offcers n B.C. receve standard crss nterventon tranng. Wth respect to use, deployment should only occur once emergency health servces (EHS) are present. If there are exgent crcumstances that justfy use before EHS arrval, polce wll need to ensure that EHS are called to the scene n any event and permt them to examne any ndvdual who has been shocked by the weapon. The polce must also record and report data regardng any deployment of the weapon to enforce regulatons and for research. Fnally, the BCCLA urged Mr. Bradwood to recommend a further publc revew of the Taser three years after hs report s submtted to the government. Gven the scentfc uncertanty regardng the weapon s safety, the falure of government regulaton to date and a skeptcal publc, a further revew would be n the publc nterest. It s worth notng that f Mr. Dzekansk s death had not been captured on a vdeo by Paul Prtchard and f hs vdeo had not been broadcast wdely to the publc (despte the efforts by the RCMP to sequester the vdeo), there would not be a publc nqury nto the Taser. The BCCLA hopes that Mr. Dzekansk s death, rather than beng smply tragc, wll spur greater cvlan oversght and regulaton of the polce. Whle the polce rsk ther lves to protect the publc, and thus are deservng of our respect and support, they must always reman accountable to and under the drecton of cvlan authorty. The BCCLA s submsson to Mr. Bradwood can be found at: othercontent/taserfnal Submsson08.pdf For more nformaton about the Bradwood Inqury, vst: democratc commtment 4 BCCLA

5 MAKING A DIFFERENCE Spreadng the word... through your communty networks Snce startng n the role of Drector of Development n January, I have had the pleasure of talkng to many members. The level of generosty and commtment to cvl lbertes has been nsprng and I look forward to meetng many more of you n the comng months. Beng able to count on our members and donors makes t easer for the BCCLA to focus ts attenton on protectng cvl lbertes and human rghts. However, the BCCLA s n urgent need of new sources of fnancal support n order to acheve all of our program goals n Instead of askng you for another contrbuton, I am hopng that you wll jon me n spreadng the word about the BCCLA s mportant work n Canada. Sarah Sandusky The truth s that people gve to people and I have only had the opportunty to meet a small number of our supporters but you, along wth hundreds of other members and donors, know many more people, who know many more people...and well, you get the dea. Wth your help, we ll be frend-rasng and fundrasng across the country n no tme. Here are some deas on how to get the conversaton started: Rghts Regstry Plannng a brthday party or other celebraton? Create a personal onlne gvng page at com so donatons can be made n your honour to the BCCLA. Free Speech Forum Even better than a book club, nvte frends to jon a weekly dscusson on cvl lbertes and human rghts topcs and ask them to become members of the BCCLA. Power of the Pen Wrte a letter or e-mal to your contacts, tellng them why you support the BCCLA and askng them to jon or donate. Communty Champons If your workplace conducts a Unted Way or employee gvng campagn, your coworkers regular gfts can do twce as much f you ask them to desgnate donatons to the BCCLA just nclude our regstered charty number: RR0001. Lberty Legacy Remnd frends that ncludng the BCCLA n ther Wll ensures that ther commtment to cvl lbertes and human rghts wll lve on ndefntely. Ths s also a great tme to contrbute stocks or shares to the BCCLA snce captal gans tax no longer apples to donatons of securtes and the donaton recept wll actually help reduce personal taxes. Don t forget to tell me about the specal way you rased funds so that I can nclude your story on our webste or n upcomng newsletters. For brochures, newsletters, speakng notes or more nformaton, please contact Sarah Sandusky, Drector of Development, at Also check our Thrd Party Events webpage for other fundrasng deas: democratc commtment 5 BCCLA

6 BCCLA BCCLA PEOPLE Events & EVENTS BCCLA Volunteers Long-servng board members, Hamar Foster and J.J. Mc- Intyre have resgned from the board. The Assocaton s grateful for ther volunteer contrbutons whch have helped make the Assocaton what t s today. Havng fnshed her practcum wth the BCCLA, SFU Crmnology student, Shaheena Vran has been replaced by Abeed Bhmj. Judy Graves, Coordnator, Tenant Assstance Program Cty of Vancouver receved the Reg Robson Cvl Lbertes Award at the BCCLA AGM on March 27, Rado Frequency IDentfcatons Forum The BCCLA was delghted to work wth the Sheldon Chumr Foundaton for Ethcs n Leadershp to brng three stellar academcs to Vancouver to gve a publc talk on Rado Frequency Identfcaton (RFID). Panelsts Jacquelyn Burkell (Unversty of Western Ontaro), Ian Kerr and Valere Steeves (Unversty of Ottawa) descrbed some of ther research on the ncreasngly ubqutous electronc chps that are trackng everythng from store nventory to VIP bar patrons. Thanks to the VBA The Vancouver Bar Assocaton has chosen to donate to the B.C. Cvl Lbertes Assocaton s ltgaton program agan ths year because of the mportance of the BCCLA s mandate to preserve, defend, mantan, and extend cvl lbertes and human rghts. We recognze that many Vancouver-based lawyers volunteer ther tme to the BCCLA, and we wsh to do what we can to assst wth the preservaton of cvl lbertes and human rghts n Brtsh Columba. The panel presentatons were chared by Davd Loukdels, Informaton and Prvacy Commssoner for Brtsh Columba. democratc commtment 6 BCCLA

7 PRIVACY PATIENT PRIVACY: Threatened by electronc health records Technology promses all sorts of thngs. What t delvers s another matter. The B.C. government s about to pass a bll governng health nformaton banks. These are databases of ctzens health nformaton that the government says wll ncrease the effcency of health care by provdng ready access to health records. The BCCLA has been workng wth an nformal coalton of health and prvacy groups to lobby the government to ensure that greater effcency does not come at the cost of patent prvacy. There s absolutely no queston that the plan to make mllons of health records avalable electroncally wll mperl the securty of that nformaton. Whle paper fles are not always properly secured, snce Watergate, when have we heard of anyone stealng paper fles? Who s breakng nto health care facltes and walkng off wth fle folders? On the other hand, prvacy breaches of ctzens nformaton held electroncally s the stuff of weekly news reports. And these are prvacy volatons on a scale that was unmagnable before electronc storage. Wth the assstance of technology, the Unted Kngdom has managed to lose the personal nformaton of half of Brtan s populaton n the last year alone. Many governments are prepared to vouch for the enhanced securty of ther electronc health nformaton systems, but these clams are frequently undermned by experence. Most recently, Australa s electronc health nformaton system has come under fre from whstle-blowng physcans who mantan that the overdue, overbudget new computer system n hosptals leaves patent data vulnerable. And ncdentally, overbudget s a constant refran n ths realm. Thnk gun regstry....prvacy breaches of ctzens nformaton held electroncally s the stuff of weekly news reports. In addton to the rsks nherent n vast electronc systems, we are also deeply concerned wth who exactly s controllng the dssemnaton of the nformaton to authorzed users of the system. Ctzens have a rght to control the access and use of ther health nformaton regardless of the format n whch that nformaton s recorded. Early on, the B.C. government told us that a consent-based system for the electronc databases was out of the queston. Ctzens are not gong to be able to consent to havng ther nformaton on the electronc system, all we can hope for s that we can control the dssemnaton of our nformaton on the system by dsclosure drectves. After workng for almost two years n consultaton wth the government on dsclosure drectves, we were shocked when the government tabled legslaton that would only allowed dsclosure drectves at the dscreton of the Mnster. We went publc wth our opposton to the bll and were successful n lobbyng the government to ntroduce amendments that make dsclosure drectves mandatory. But we stll have concerns about nadequate protectons bult nto the system and the legslaton, ncludng the fact that the legslaton allows the nformaton to leave the country. And unbeknownst to the average ctzen, there s even more where ths came from. Our deep concerns about electronc health care records get kcked up a notch further knowng that the government s workng on ntegratng a seres of ctzen databases n a so-called Integrated Case Management system that would lnk nformaton on health, socal servces, educaton and justce. democratc commtment 7 BCCLA

8 PRIVACY Whether or not one s nclned to beleve that ths s all n the name of provdng better servce, the scope for abuse, the scale of potental prvacy volaton and the prejudce lkely to be suffered by people whose nformaton s dsclosed cannot be gnored. Interestngly enough, when pressed to provde emprcal evdence of servce mprovement by such means, governments have very lttle to show. It s as f the rhetorc of technology as the panacea for all woes has won out over ratonalty. Whatever benefts mght be sad to flow from readly sharng nformaton have got to be weghed aganst the profound rsks and ctzens rghts. You don t need to be a Luddte to argue that the precautonary prncple needs to preval n ths arena. To read the BCCLA s news release vst: pressreleases/08ehealth.pdf BCCLA Workng to Push for Better Law and Ctzenshp Educaton n B.C. Schools The B.C. Cvl Lbertes Assocaton s workng wth the Law Courts Educaton Socety of B.C. and other partners to promote actve ctzenshp and law educaton for students. The project s examnng B.C. secondary school currculum to dentfy strateges to ensure that all students graduate wth the motvaton, sklls and knowledge necessary to be actve ctzens. In the context of cvl lbertes, students need to be aware of ther rghts, responsbltes, and freedoms as Canadan ctzens, and be prepared to actvely engage n efforts to uphold democratc values. Last year the Mnstry of Educaton conducted a Socal Studes Needs Assessment (SSNA) whch found that fewer than a quarter (22 per cent) of educators feel that students have ample opportunty n requred socal studes courses to practse actve ctzenshp (see Further, the SSNA states that there s a growng trend toward the use of communty engagement and actve ctzenshp projects to take socal studes learnng beyond the classroom and connect school wth students lves. The project team s addressng these two ssues n the assessment. In addton to the BCCLA, the project s advsory commttee ncludes varous government mnstres, teachers assocatons, law-related organzatons, and others nvolved n cvcs educaton. For more nformaton and project updates, vst the webste at democratc commtment 8 BCCLA

9 LITIGATION UPDATE Frank Paul Inqury Colossal polce department falures uncovered The Frank Paul Inqury s massve probe nto the freezng death of Frank Paul, a 47-year-old M kmaq man, has now concluded. The Inqury uncovered the sgnfcant role that Vancouver Polce Department (VPD) offcers played n Mr. Paul s tragc death and hghlghted systemc falures n how varous nsttutonal agences responded to hs death. The Vancouver Polce dropped Mr. Paul off n a downtown eastsde alley wthout shelter from the elements n the early mornng hours of December 6, Mr. Paul was soakng wet, unable to walk or communcate, and grossly ntoxcated at the tme. Less than an hour before an offcer left hm n the alley, a jal sergeant had refused to admt hm to the jal s drunk tank. The BCCLA was a partcpant at the publc nqury whch sought to uncover the truth of what occurred on that nght and why the varous agences nvolved n nvestgatng hs death never adequately responded or scrutnzed the offcers conduct. The Inqury uncovered that the VPD homcde squad conducted a woefully nadequate crmnal nvestgaton nto Mr. Paul s death. For example, rather than seekng to ntervew the offcers whose conduct was at ssue, the VPD mmedately arranged for the respondent offcers to be provded wth legal counsel. The offcers provded wrtten statements, some of whch contaned statements that were contradcted by the physcal evdence found at the scene, but these nconsstences were never dentfed or reconcled by VPD nvestgators. No VPD offcer was Grace Pastne ntervewed durng the nvestgaton. The VPD dd not segregate any of the polce wtnesses at the scene who had had contact wth Mr. Paul shortly before hs death n order to ensure that ther recall of events would not be contamnated or compromsed. The nvestgaton resulted n a fnal nvestgatve report that was full of omssons, oversghts, and left many crtcal questons unanswered. VPD wtnesses testfed that n cases of n-custody deaths, where the ndvdual potentally ded as a result of polce conduct, the accepted practce was to prepare a report that dd not make judgments about the credblty of wtnesses or the veracty of statements, and dd not hghlght or dentfy outstandng ssues or unanswered questons, or nconsstences n the evdence. Today, n-custody deaths are nvestgated n the same wholly nadequate manner. The falure of the VPD to conduct a proper nvestgaton of Mr. Paul s death polluted every subsequent nvestgaton and revew by the Coroners Servce, the polce dscplnary body, and the Offce of the Polce Complant Commssoner. The Coroners Servce faled to utlse ther nvestgatve powers, and chose merely to rely on the fruts of the VPD nvestgaton. The coroners servce determned t was not necessary to hold an nquest. The polce dscplnary body conducted vrtually no nvestgaton and handed out one and two day suspensons to the offcers. The Polce Complant Commssoner, Don Morrson, was the person wth the fnal opportunty to ensure that there was a publc arng of the crcumstances surroundng Mr. Paul s death, but he refused to order a publc hearng. The Inqury provded a unque opportunty for the BCCLA to uncover the truth of Mr. Paul s death and to advocate for postve changes for reform. The BCCLA urged the Commssoner to fnd that there s a fundamental flaw n the manner n whch the VPD routnely nvestgates polce nvolved deaths and to recommend that n cases nvolvng death or serous njury n whch the polce are nvolved or mplcated, that the polce must not nvestgate themselves. Because there s a sgnfcant potental for real or perceved mproper nfluence when polce offcers are called upon to nvestgate serous crmnal matters nvolvng other polce offcers, the democratc commtment 9 BCCLA

10 LITIGATION UPDATE BCCLA advocated for the mplementaton of a system of cvlan oversght, n part modeled on the Ontaro Specal Investgaton Unt, whereby cvlans traned n nvestgatng major crmes would take charge of all such nvestgatons. The BCCLA also advocated that the Commssoner should consder broad recommendatons n the area of decrmnalsaton of ntoxcaton. The VPD should not be responsble for the care of ntoxcated ndvduals, nstead a properly staffed and funded soberng center should be mmedately establshed. The 60-day nqury concluded after hearng from 68 wtnesses. The Commsson wll now prepare an nterm report and wll ssue a fnal report pendng a Supreme Court decson on whether Crown prosecutors must testfy lke everyone else. The BCCLA was represented by Mchael Tammen of Harper Grey LLP and Grace Pastne, BCCLA Ltgaton Drector. The fnal submssons of the BCCLA can be found at www. bccla.org/othercontent/frank_ Paul_Fnal_Submssons.pdf Frank Paul Inqury webste: Safe Injecton Ste Wns Repreve The BCCLA applauds the recent decson of the BC Supreme Court grantng a supervsed njecton faclty, Inste, a permanent consttu- tonal exempton from prosecuton under federal drug laws. The BC- CLA was an ntervenor n the cases PHS Communty Servces Socety v. Canada (Attorney General) and Vancouver Area Network of Drug Users v. Canada (Attorney General). In a strkng decson, Mr. Justce Ian Ptfeld ruled that sectons of Canada s drug laws aganst possesson and traffckng n llegal narcotcs were unconsttutonal. The decson marks a major vctory for socal justce n the downtown eastsde and s an mportant step n endng the crmnalzaton of dsadvantage and dsease. Inste s jontly operated by the Vancouver Coastal Health Authorty and the Portland Hotel Socety. It provdes supervsed and santary condtons for the use of ntravenous drugs, and has successfully reduced the health rsks assocated wth addcton to such drugs. Research has found that the operaton of Inste has prevented overdose deaths, reduced the sufferng of addcts and lessened the spread of HIV/AIDS and Hepatts C. The court s fndng recognzes drug addcton as an llness, and asserts that the government cannot deny access to the vtal health servces that Inste provdes. Ryan Dalzel and Danel Webster, Q.C. were counsel for the BCCLA. Both are of the frm Bull, Housser & Tupper LLP. The BCCLA submsson can be found at: othercontent/nste-bccla.pdf Supreme Court Rules Canada Complct n Abuse The Supreme Court of Canada released a decson n Mnster of Justce, et al. v. Omar Ahmed Khadr, a groundbreakng consttutonal rghts case. The judgment unanmously decded that Canada s complcty n the process at Guantanamo Bay volated Canada s bndng oblgaton under nternatonal law. The BCCLA appeared as an ntervenor n the case. The decson confrmed that the Charter bnds Canadan offcals when operatng abroad, where Canada would also be actng n contraventon of ts oblgatons under nternatonal human rghts law. Ths has broad sgnfcance, and extends to the entre range of ways n whch Canada cooperates wth foregn governments n the natonal securty context. Omar Khadr s a Canadan ctzen who has been detaned by the Unted States n Guantanamo Bay snce 2002 and has been put on tral n a proceedng before a Mltary Commsson that s a volaton of nternatonal law. Pror to charges beng lad, Canadan offcals ntervewed Mr. Khadr n Guantanamo Bay and passed on the nformaton collected to the Amercan government for use aganst hm. The Supreme Court of Canada agreed wth the BCCLA that by gatherng evdence from Mr. Khadr democratc commment 10 BCCLA

11 LITIGATION UPDATE and sharng t wth Amercan mltary authortes, Canada s complcty n the proceedngs volated Mr. Khadr s Charter rghts to lfe, lberty and securty of the person. The Supreme Court of Canada also agreed wth the BCCLA s poston that the Charter places Canada under a duty to dsclose to Mr. Khadr evdence that may be relevant to hs defense n the proceedngs aganst hm n Guantanamo Bay. Joe Arvay, of Arvay Fnlay Barrsters, Sujt Choudhry, Faculty of Law, Unversty of Toronto, and Paul Champ of Raven, Cameron, Ballatyne & Yazbeck LLP, represented the BCCLA. To read the BCCLA s legal argument vst: www. bccla.org/antterrorssue/ 08KhadrFactum.pdf The read the Supreme Court of Canada decson vst: scc.lexum.umontreal.ca/en/ 2008/2008scc28/2008scc28.html BCCLA Intervenes to Protect Rght to Damages From Illegal Strp Search The BCCLA ntervened at the B.C. Court of Appeal n two cases, Ward v. HMQ (BC) and Ward v. Cty (Vancouver) to argue that ndvduals are enttled to awards of damages when government offcals volate ther Charter rghts. The cases were an appeal of a tral court decson n whch the court awarded damages to a Vancouver lawyer after hs Charter rghts were volated by the Vancouver Polce Department and Correctons offcers n an unlawful strp search and an unlawful sezure of hs car. The court s expected to release ts judgment n the cases ths summer. The BCCLA was represented by BCCLA Board Drector Kent Roach, Unversty of Toronto Faculty of Law, and Grace Pastne, BCCLA Ltgaton Drector. To read the BCCLA s legal argument vst: org/othercontent/08ward.pdf Trbunal Allowed to Determne f Sexual Orentaton Provsons Protect Sexual Practces The B.C. Court of Appeal upheld a decson by the BC Human Rghts Trbunal to accept a human rghts complant for flng. The complant alleged dscrmnaton on the grounds of sexual orentaton due to the complanant s practce of a BDSM lfestyle (bondage and dscplne, domnaton and submsson, and sadsm and masochsm). The complant can now proceed n the normal course to a hearng before the Trbunal. The BCCLA ntervened at both the BC Supreme Court and the Court of Appeal to argue that the Trbunal should be afforded the opportunty to consder whether a restrctve nterpretaton of the sexual orentaton would nfrnge fundamental rghts. The Court of Appeal agreed wth the BCCLA that t was premature to revew the decson of the Trbunal, and dsmssed the appeal. The Court of Appeal found that the Trbunal decson smply opens the door to the examnaton of evdence and further submssons on an unusual queston. The BCCLA argued that queston before the Court was not whether the complanant s sexual practces are or ought to be protected under the Human Rghts Code, but rather the ssue was whether the Trbunal should be allowed to hear evdence of the complanant s sexual dentty and what BDSM s. Human rghts legslaton s frequently nterpreted more expansvely over tme n response to changng socal condtons ths decson allows the Trbunal to consder the ssue based on facts and a full evdentary record, rather than dsmssng the complant out of hand. Grace Pastne, BCCLA Ltgaton Drector, represented the BCCLA at both levels of court. To read the BCCLA s legal argument vst: org/othercontent/hayes_ appeal.pdf democratc commtment 11 BCCLA

12 Photo by Al Glbert, C.M. Our concern for prvacy has been eroded because our naton does not seem to care about prvacy, even though the rght to be left alone s the begnnng of all freedom. ~ Edde Greenspan, Q.C. The Power of Lberty The B.C. Cvl Lbertes Assocaton presents a specal publc lecture by leadng crmnal lawyer EDDIE GREENSPAN, Q.C. 7:00 pm Thursday, November 20, 2008 Law Courts Inn 800 Smthe Street Vancouver, BC A VIP recepton wll follow to honour pro bono lawyers and key supporters who champon cvl lbertes and human rghts on behalf of the B.C. Cvl Lbertes Assocaton. GENERAL ADMISSION TICKETS Members/non-members: $15/$20 VIP TICKETS & SPONSORSHIP LEVELS TICKETS PRICE BENEFITS 1 $150 Prvate Recepton 8 $1,000 Bronze Sponsor 15 $2,500 Slver Sponsor 25 $5,000 Gold Sponsor 40 $10,000 Presentng Sponsor Research Project: The survellance of travellers The BCCLA workng s workng n partnershp wth the Internatonal Cvl Lbertes Montorng Group and others on a project to document the number of people who beleve they have been mstakenly or unfarly targeted as a traveller, and the nature of the ncdent. The purpose of the project s to nvestgate and generate better publc understandng of the practces, programs and systems used to screen travellers at Canadan arports and at the Canada-U.S. border crossngs n order to assess the scope and depth of ther concrete mpacts on cvl lbertes, prvacy rghts and moblty rghts. We want to hear from anyone who has been targeted by the U.S. or Canadan no-fly lst, subjected to long secondary nterrogatons at borders, been barred from enterng the U.S. or detaned and arrested n the U.S. We wll not dvulge the dentty of anyone who agrees to share hs or her story wth us unless explct consent s gven. Please contact our researcher: Toll-free number: In the Montreal area: A research project led by the Internatonal Cvl Lbertes Montorng Group n partnershp wth: Event tckets and sponsorshp levels are lmted! Contact Sarah Sandusky to reserve your tckets and to nqure about sponsorshp detals: or sarah@bccla.org B.C. Cvl Lbertes Assocaton Don t forget that you can desgnate the BCCLA as a specfc recpent of your Unted Way donaton! The B.C. Cvl Lbertes Assocaton wshes to thank the Law Foundaton of B.C. and our other funders for ther fnancal support. BC Gamng Polcy and Enforcement Branch of the Mnstry of Publc Safety and Solctor General