R. v. Bonds, 2010 ONCJ 561 (CanLII)
The decision concludes:
"The officers have tried to justify their actions on the principles of safety, officer safety and accused's safety, as well as risk of suicide. No inquiry whatsoever was made by the officers prior to their taking action, and that is a common trait that we too often see in the recent past with the influx of a multitude of new recruits, who are often trained by other officers who have one, two, maybe three years of experience.
It is quite clear that the Ottawa Police Service has not been made aware, or is lending a blind eye to the recommendations of the Supreme Court of Canada in Regina vs. Golden.
I was appalled by the fact that a strip search was undertaken by Constable Morris in the presence of, and with the assistance of at least three male officers.
It is quite evident that none of these officers have received gender training, and that they do give only lip service to female dignity and privacy.
There is no reason whatsoever that Special Constable Morris undertook that search without another female officer present, and with no male officers present in the room.
There is no reasonable explanation for Sergeant Desjourdy to have cut Ms. Bonds' shirt and bra off, and there is no reason, apart from vengeance and malice to have left Ms. Bonds in the cell for a period of three hours and 15 minutes half naked and having soiled her pants, before she received what is called a blue suit. That is an indignity towards a human being and should be denounced.
Therefore, it is more than evident that the search at 474 Elgin was an extremely serious breach of Ms. Bonds' rights, apart from it being unlawful. And with the sheer number of appalling behaviours which I have noted, it is quite clear that the only possible outcome, and fair outcome, pursuant to a Section 24 analysis, is one of a stay of proceedings, because as alluded to by Mr. Webber, it would be a travesty to permit these proceedings to go on. And I certainly would not be a party to such an action."
3 comments:
It's very clear in the decision that the judge knows Ms. Bonds' treatment isn't any isolated incident.
Exactly how long has this shameful little Abu Ghraib been festering on Elgin Street?
It is my understanding from today's Citizen (Dec5th), Bonds was non-cooperative with questioning and resistant to officer questioning. Met with the attitude of Bonds, it appears the officer made the choice to strip search. Am wondering now, if Bonds had had a cooperative attitude, perhaps we would not be so involved in judgment - citing racism etc.
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