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Decision clears way for certification application
November 30, 2006
The British Columbia Supreme Court has disposed of a preliminary question of law in favour of the Plaintiffs, clearing the way for an application for certification as a class action.
On October 31, 2006, the Honourable Mr. Justice Romilly answered the following question in the affirmative:
Whether the judgment in R. v. Golden, [2001] 3 S.C.R. 679 applies to a "shared facility" under s. 13.1(1) of the Correction Act, R.S.B.C. 1996, c. 74 (as repealed by S.B.C. 2004, c. 46)?
The Defendants, the City of Vancouver and Province of British Columbia, had argued that, as co-managers of the Vancouver Jail, a shared facility, they were not bound by the Supreme Court of Canada's leading decision on strip searches. In Golden, the Supreme Court of Canada considered the right to be free from unreasonable search and seizure as guaranteed by s.8 of the Canadian Charter of Rights and Freedoms.
The Reasons for Judgment of Romilly J. are available here:
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