The BC Civil Liberties Association is calling on the Nelson Police Department to stay out of politics and the Nelson City Council to turn down their proposal that the city conduct illegal warrantless searches of people’s homes. Media reports indicate that the Nelson Police Department is writing the bylaw, instead of Nelson city council or city staff, and indicate that the bylaw will attempt to sidestep constitutional guarantees that require police or other government officials to obtain a warrant before entering and searching someone’s home.

“The Court of Appeal in B.C. in the Arkinstall case ruled that bylaws like this that provide for warrantless searches of private dwellings by civic officials are unconstitutional. Rights to privacy and security are fundamental values. The court was clear that for authorities to enter
home aiming to conduct what amounts to a criminal search they must have probable cause and must get a warrant,” said Robert Holmes, President of the B.C. Civil Liberties Association. “It is not up to Nelson’s police department to write the City’s laws, let alone second-guess court decisions about Charter rights.”

The BC Court of Appeal recently ruled that warrantless searches are illegal in relation to Surrey’s attempt to avoid search warrants with their bylaws in Arkinstall v. City of Surrey. In a recent interview with the Nelson Daily News, NPD Inspector Henry Paivarinta acknowledged the very real likelihood that passing this bylaw would result in a court challenge.

“Laws prevent civic employees, like the Police Chief, from continuing in their job while running for or being elected to municipal office. Many police codes of conduct bar partisan activity by the police, particularly where it would appear to be done in their official capacity,” said Holmes. “Democracies thrive when the public freely decides on laws that the police then enforce. Having the police decide both what the laws are and whether to enforce them stands democratic principles on their head.” said Holmes.

The BCCLA has written to Nelson city council asking them to turn down the NPD’s draft bylaw and will monitor any bylaws passed by Nelson to ensure their compliance with the Charter.

Read the BC Court of Appeal Decision in Arkinstall v. Surrey here >>
Read the BCCLA’s letter to Nelson City Council here >>

MEDIA CONTACTS:
Robert Holmes, President, 604-838-6856
David Eby, Executive Director, 778-865-7997