dbo:abstract
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- R v Golden, 2001 SCC 83 is a landmark decision of the Supreme Court of Canada on limitations to the power of police officers to perform strip searches. The Court held that the common law rule allowing peace officers to perform warrantless searches incident to arrest must be limited in relation to strip searches, citing their heightened intrusiveness and impact on the Charter protected privacy interests of the accused. The Court also limited how strip searches may be performed. Requiring that, barring exigent circumstances, they be conducted at a police station instead of the place of arrest. And established criteria to assess the reasonableness of strip searches under section 8 of the Canadian Charter of Rights and Freedoms. (en)
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- 12248 (xsd:nonNegativeInteger)
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- Supreme Court of Canada (en)
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dbp:dissent
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- McLachlin CJ and L’Heureux‑Dubé J (en)
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dbp:fullCaseName
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- Ian Vincent Golden v. Her Majesty The Queen (en)
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dbp:history
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- Judgment for Crown in the Court of Appeal for Ontario (en)
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dbp:joindissent
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- Gonthier and Bastarache JJ (en)
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dbp:joinmajority
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- Major, Binnie, and LeBel JJ (en)
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dbp:majority
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- Iacobucci and Arbour J (en)
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dbp:text
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- Strip searches are... inherently humiliating and degrading for detainees regardless of the manner in which they are carried out (en)
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rdfs:comment
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- R v Golden, 2001 SCC 83 is a landmark decision of the Supreme Court of Canada on limitations to the power of police officers to perform strip searches. The Court held that the common law rule allowing peace officers to perform warrantless searches incident to arrest must be limited in relation to strip searches, citing their heightened intrusiveness and impact on the Charter protected privacy interests of the accused. (en)
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