Monday, May 28, 2012

Prisoner watched using toilet has drunk driving charges stayed

Remember, she was accused and not convicted:

Videotaping prisoners using the toilet in holding cells violates their Charter rights to privacy and is demeaning, a judge has ruled.

The decision, released earlier this month, involved a woman arrested in York Region for drunk driving who had blood alcohol levels more than three times the legal limit.

"In my view, the monitoring and videotaping of detainees using the cell toilet by police officers of the opposite sex is a highly intrusive invasion of privacy and is offensive," wrote Justice Peter West.

West stayed the woman's impaired driving charges and ruled that police monitoring and videotaping detainees violates the Charter right to be protected against unreasonable search and seizure.

The Crown has appealed the ruling.

If the ruling is upheld, it sets a precedent that prisoners do not lose their privacy rights when they are arrested, said legal expert James Morton.

"It does make sense to set up a system where people held before trial have privacy in toilets and showers and the like. Security likely requires some oversight, but that should be by persons of the same gender. Absent some extraordinary reason, this should be implemented across the province and not just York Region."


Anonymous said...

If she were not monitored and she injured herself (remebering she is hammered) who pays?

The judge seemingly doesn't care or doesn't know.

Anonymous said...

Yup. That's exactly why the cops were watching. They were concerned that she might hurt herself. Either that or they wanted to see her naked. One or the other.

Joseph said...

Too much drinking of alcohol may lead to accidents especially in driving. Authorities should had strict rules in implementing on drunk driving so as to avoid such incidents. For legal advice and help we can ask fro DUI lawyers.

Joseph @ drink driving penalties