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Canada Post's search policy unconstitutional, rules N.L. Supreme Court – CBC.ca

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A Newfoundland and Labrador Supreme Court justice has ruled part of the Canada Post Corporation Act violates the Charter of Rights and Freedoms. (Paul Daly/CBC)

The Supreme Court of Newfoundland and Labrador has ruled that the law that allowed Canada Post to search a parcel containing cocaine violates the charter right to privacy — but the evidence found in the parcel can still be used in the trial of the man who received it.

The decision by Justice Daniel Boone — delivered Jan. 11 and released Thursday — gives Canada Post and the federal government one year to change legislation that allows the Crown corporation to “open any mail, other than a letter” to determine if the contents are dangerous, illegal or violate regulations.

In his decision, Boone said the current legislation, part of the Canada Post Corporation Act, violates the part of the Canadian Charter of Rights and Freedoms that guarantees “the right to be secure against unreasonable search or seizure.”

Boone argued those who use Canada Post should have a reasonable expectation of privacy when they send parcels, and the current law is too broad.

“The breadth of search power in the statute is entirely inconsistent with the reasonable expectation that government will not intrude on privacy in the mail,” Boone wrote. 

Crown lawyers Trevor Bridger and Paul Adams argued that Canada Post should be able to search parcels that could contain dangerous or illegal material. Boone didn’t disagree with that argument, but said the current rules don’t work.

“Some form of objective standard ought to be required before a search can proceed,” Boone said, “It is not a sufficient safeguard of postal users’ constitutional rights to leave the decision whether to search a parcel entirely to the unfettered discretion of postal officials.”

Decision comes out of cocaine trafficking case

The decision stems from the case of a Newfoundland and Labrador man charged with trafficking in cocaine. The Crown alleges the man picked up a package containing two kilograms of cocaine from a UPS store.

A Canada Post inspector searched the package before the man picked it up, discovered what appeared to be cocaine, and alerted law enforcement.

Police got a warrant for a controlled delivery and put a tracking device on the package. Officers put an alarm on the package that alerted them when the package was opened. After the package was opened, police arrested the man.

A Canada Post inspector alerted authorities after finding what appeared to be cocaine inside a package. (Sean Kilpatrick/The Canadian Press)

Jonathan Noonan, the lawyer for the man, argued the Canada Post inspector’s search of the package violated his constitutional right against unreasonable search or seizure.

Though Boone agreed, he declined to set an alternative standard for a constitutional search, instead saying the responsibility lies with Canada Post and the federal government.

“It is for Parliament to choose which standard would be appropriate,” Boone wrote.

In a followup April decision, also released Thursday, Boone suspended his January ruling for one year to give Canada Post and the federal government time to draft those new standards.

‘A hollow victory’

Boone also ruled the man charged with trafficking cocaine — scheduled at the time to go to trial in June — would not be exempted from the suspension and that the evidence seized could be used in his trial.

“Unfortunately for him, this is a hollow victory because the declaration of unconstitutionality is an insufficient remedy,” Boone wrote.

And while Boone said the section of the Canada Post Act allowing searches of packages was unconstitutional, the man did not sufficiently demonstrate that his privacy had been violated in this specific case.

According to the decision, the package was addressed to a company — not the man himself — and the man hadn’t demonstrated a connection between himself and the company. 

Boone argued that the outcome of the criminal case is more important than what he called a “minimal intrusion” of charter rights. He said the unconstitutional statute has more of an impact on that public at large than on the specific case.

Read more from CBC Newfoundland and Labrador

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RCMP investigating after three found dead in Lloydminster, Sask.

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LLOYDMINSTER, SASK. – RCMP are investigating the deaths of three people in Lloydminster, Sask.

They said in a news release Thursday that there is no risk to the public.

On Wednesday evening, they said there was a heavy police presence around 50th Street and 47th Avenue as officers investigated an “unfolding incident.”

Mounties have not said how the people died, their ages or their genders.

Multiple media reports from the scene show yellow police tape blocking off a home, as well as an adjacent road and alleyway.

The city of Lloydminster straddles the Alberta-Saskatchewan border.

Mounties said the three people were found on the Saskatchewan side of the city, but that the Alberta RCMP are investigating.

This report by The Canadian Press was first published on Sept. 12, 2024.

Note to readers: This is a corrected story; An earlier version said the three deceased were found on the Alberta side of Lloydminster.

The Canadian Press. All rights reserved.



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Three injured in Kingston, Ont., assault, police negotiating suspect’s surrender

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KINGSTON, Ont. – Police in Kingston, Ont., say three people have been sent to hospital with life-threatening injuries after a violent daytime assault.

Kingston police say officers have surrounded a suspect and were trying to negotiate his surrender as of 1 p.m.

Spokesperson Const. Anthony Colangeli says police received reports that the suspect may have been wielding an edged or blunt weapon, possibly both.

Colangeli says officers were called to the Integrated Care Hub around 10:40 a.m. after a report of a serious assault.

He says the three victims were all assaulted “in the vicinity,” of the drop-in health centre, not inside.

Police have closed Montreal Street between Railway Street and Hickson Avenue.

This report by The Canadian Press was first published Sept. 12, 2024.

The Canadian Press. All rights reserved.



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Government intervention in Air Canada talks a threat to competition: Transat CEO

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Demands for government intervention in Air Canada labour talks could negatively affect airline competition in Canada, the CEO of travel company Transat AT Inc. said.

“The extension of such an extraordinary intervention to Air Canada would be an undeniable competitive advantage to the detriment of other Canadian airlines,” Annick Guérard told analysts on an earnings conference call on Thursday.

“The time and urgency is now. It is time to restore healthy competition in Canada,” she added.

Air Canada has asked the federal government to be ready to intervene and request arbitration as early as this weekend to avoid disruptions.

Comments on the potential Air Canada pilot strike or lock out came as Transat reported third-quarter financial results.

Guérard recalled Transat’s labour negotiations with its flight attendants earlier this year, which the company said it handled without asking for government intervention.

The airline’s 2,100 flight attendants voted 99 per cent in favour of a strike mandate and twice rejected tentative deals before approving a new collective agreement in late February.

As the collective agreement for Air Transat pilots ends in June next year, Guérard anticipates similar pressure to increase overall wages as seen in Air Canada’s negotiations, but reckons it will come out “as a win, win, win deal.”

“The pilots are preparing on their side, we are preparing on our side and we’re confident that we’re going to come up with a reasonable deal,” she told analysts when asked about the upcoming negotiations.

The parent company of Air Transat reported it lost $39.9 million or $1.03 per diluted share in its quarter ended July 31. The result compared with a profit of $57.3 million or $1.49 per diluted share a year earlier.

Revenue totalled $736.2 million, down from $746.3 million in the same quarter last year.

On an adjusted basis, Transat says it lost $1.10 per share in its latest quarter compared with an adjusted profit of $1.10 per share a year earlier.

It attributed reduced revenues to lower airline unit revenues, competition, industry-wide overcapacity and economic uncertainty.

Air Transat is also among the airlines facing challenges related to the recall of Pratt & Whitney turbofan jet engines for inspection and repair.

The recall has so far grounded six aircraft, Guérard said on the call.

“We have agreed to financial compensation for grounded aircraft during the 2023-2024 period,” she said. “Alongside this financial compensation, Pratt & Whitney will provide us with two additional spare engines, which we intend to monetize through a sell and lease back transaction.”

Looking ahead, the CEO said she expects consumer demand to remain somewhat uncertain amid high interest rates.

“We are currently seeing ongoing pricing pressure extending into the winter season,” she added. Air Transat is not planning on adding additional aircraft next year but anticipates stability.

“(2025) for us will be much more stable than 2024 in terms of fleet movements and operation, and this will definitely have a positive effect on cost and customer satisfaction as well,” the CEO told analysts.

“We are more and more moving away from all the disruption that we had to go through early in 2024,” she added.

This report by The Canadian Press was first published Sept. 12, 2024.

Companies in this story: (TSX:TRZ)

The Canadian Press. All rights reserved.



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