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Strip search underscores need for more police awareness

Tuesday, March 27, 2018 @ 9:09 AM | By Nathan Baker

The breach of a well-established right is more serious than some newly founded right. This is because police and other state actors should already know and have training in respecting a well-established right and how to deal with the issue. In R. v. Harrison 2009 SCC 34, the Supreme Court of Canada repeated this almost trite phrase in assessing an exclusionary remedy under s. 24(2).

They stated that in reviewing whether state conduct is of the kind which the court needs to disassociate itself from, “where the...