Monthly Archives: November 2014

Brady Donohue, “Operationalizing Golden: Measuring the Efficacy of Judicial Oversight”

Over a decade ago, in R v Golden, the Supreme Court of Canada set out clear guidelines on when a strip search complies with section 8 of the Canadian Charter of Rights and Freedoms (the “Charter”). Since that time, high profile cases have captured the public’s attention, signaling that police services continue to struggle with implementing the Golden principles. Cases such as R v Bonds—where Stacy Bonds was aggressively and illegally strip searched, including having her bra and shirt cut off by members of the Ottawa Police Service—remind us of this reality. Should Bonds and Darteh, both of whom are racialized, be considered isolated incidents of police misconduct, or do they reflect systemic disregard or indifference to the standards established by the Supreme Court of Canada in Golden? Ultimately, their experiences signal persistent systemic issues explored by the court.

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