WHEREAS the Ontario Association of Chiefs of Police is concerned about the safety and security of the public, police and officials who have contact with prisoners; and

WHEREAS the Supreme Court decision in R. v. Golden has altered this by requiring exigent circumstances and taking away the automatic right for police to perform complete searches. This is a health and safety issue for police and those who deal with prisoners; and

WHEREAS the Supreme Court held that complete searches should normally be conducted at a police station. Complete searches in the field may only be conducted where there are exigent circumstances that require the detainee be searched prior to being transported to a police station. The person conducting the search must be able to articulate the nature of the exigent circumstances; and

WHEREAS the Court also held that there is no authority for the proposition that persons being detained by police in police facilities may be automatically completely searched. Again, the person conducting the search must be able to articulate the reasonable and probable grounds for the necessity of the search;and

THEREFORE BE IT RESOLVED that the Ontario Association of Chiefs of Police ask the Ministry of Public Safety and Security to protect our officers by putting a search provision in the Police Services Act and further, to develop a Regulation on the use of complete searches in police facilities at a minimum to the standards as permitted within Correctional facilities. Adopted at the OACP Annual General Meeting, Wednesday, June 18, 2003