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

Published

2 years ago

June 16, 2022

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.

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Allen nets shutout as Devils burn Oilers 3-0

Published

5 hours ago

November 4, 2024

Anne Joseph

EDMONTON – Jake Allen made 31 saves for his second shutout of the season and 26th of his career as the New Jersey Devils closed out their Western Canadian road trip with a 3-0 victory over the Edmonton Oilers on Monday.

Jesper Bratt had a goal and an assist and Stefan Noesen and Timo Meier also scored for the Devils (8-5-2) who have won three of their last four on the heels on a four-game losing skid.

The Oilers (6-6-1) had their modest two-game winning streak snapped.

Calvin Pickard made 13 stops between the pipes for Edmonton.

TAKEAWAYS

Devils: In addition to his goal, Bratt picked up his 12th assist of the young season to give him nine points in his last eight games and now 15 points overall. Nico Hischier remains in the team lead, picking up an assist of his own to give him 16 points for the campaign. He has a point in all but four games this season.

Oilers: Forward Leon Draisaitl was held pointless after recording six points in his previous two games and nine points in his previous four. Draisaitl usually has strong showings against the Devils, coming into the contest with an eight-game point streak against New Jersey and 11 goals in 17 games.

KEY MOMENT

New Jersey took a 2-0 lead on the power play with 3:26 remaining in the second period as Hischier made a nice feed into the slot to Bratt, who wired his third of the season past Pickard.

KEY RETURN?

Oilers star forward and captain Connor McDavid took part in the optional morning skate for the Oilers, leading to hopes that he may be back sooner rather than later. McDavid has been expected to be out for two to three weeks with an ankle injury suffered during the first shift of last Monday’s loss in Columbus.

OILERS DEAL FOR D-MAN

The Oilers have acquired defenceman Ronnie Attard from the Philadelphia Flyers in exchange for defenceman Ben Gleason.

The 6-foot-3 Attard has spent the past three season in the Flyers organization seeing action in 29 career games. The 25-year-old right-shot defender and Western Michigan University grad was originally selected by Philadelphia in the third round of the 2019 NHL Entry Draft. Attard will report to the Oilers’ AHL affiliate in Bakersfield.

UP NEXT

Devils: Host the Montreal Canadiens on Thursday.

Oilers: Host the Vegas Golden Knights on Wednesday.

This report by The Canadian Press was first published Nov. 4, 2024.

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Mahomes throws 3 TD passes, unbeaten Chiefs beat Buccaneers 30-24 in OT

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5 hours ago

November 4, 2024

Anne Joseph

KANSAS CITY, Mo. (AP) — Patrick Mahomes threw for 291 yards and three touchdowns, and Kareem Hunt pounded into the end zone from two yards out in overtime to give the unbeaten Kansas City Chiefs a 30-24 win over the Tampa Bay Buccaneers on Monday night.

DeAndre Hopkins had two touchdown receptions for the Chiefs (8-0), who drove through the rain for two fourth-quarter scores to take a 24-17 lead with 4:17 left. But then Kansas City watched as Baker Mayfield led the Bucs the other way in the final minute, hitting Ryan Miller in the end zone with 27 seconds to go in regulation time.

Tampa Bay (4-5) elected to kick the extra point and force overtime, rather than go for a two-point conversion and the win. And it cost the Buccaneers when Mayfield called tails and the coin flip was heads. Mahomes and the Chiefs took the ball, he was 5-for-5 passing on their drive in overtime, and Hunt finished his 106-yard rushing day with the deciding TD plunge.

Travis Kelce had 14 catches for 100 yards with girlfriend Taylor Swift watching from a suite, and Hopkins finished with eight catches for 86 yards as the Chiefs ran their winning streak to 14 dating to last season. They became the sixth Super Bowl champion to start 8-0 the following season.

Mayfield finished with 200 yards and two TDs passing for the Bucs, who have lost four of their last five.

It was a memorable first half for two players who had been waiting to play in Arrowhead Stadium.

The Bucs’ Rachaad White grew up about 10 minutes away in a tough part of Kansas City, but his family could never afford a ticket for him to see a game. He wound up on a circuitous path through Division II Nebraska-Kearney and a California junior college to Arizona State, where he eventually became of a third-round pick of Tampa Bay in the 2022 draft.

Two year later, White finally got into Arrowhead — and the end zone. He punctuated his seven-yard scoring run in the second quarter, which gave the Bucs a 7-3 lead, by nearly tossing the football into the second deck.

Then it was Hopkins’ turn in his first home game since arriving in Kansas City from a trade with the Titans.

The three-time All-Pro, who already had caught four passes, reeled in a third-down heave from Mahomes amid triple coverage for a 35-yard gain inside the Tampa Bay five-yard line. Three plays later, Mahomes found him in the back of the end zone, and Hopkins celebrated his first TD with the Chiefs with a dance from “Remember the Titans.”

Tampa Bay tried to seize control with consecutive scoring drives to start the second half. The first ended with a TD pass to Cade Otton, the latest tight end to shred the Chiefs, and Chase McLaughlin’s 47-yard field goal gave the Bucs a 17-10 lead.

The Chiefs answered in the fourth quarter. Mahomes marched them through the rain 70 yards for a tying touchdown pass, which he delivered to Samaje Perine while landing awkwardly and tweaking his left ankle, and then threw a laser to Hopkins on third-and-goal from the Buccaneers’ five-yard line to give Kansas City the lead.

Tampa Bay promptly went three-and-out, but its defence got the ball right back, and this time Mayfield calmly led his team down field. His capped the drive with a touchdown throw to Miller — his first career TD catch — with 27 seconds to go, and Tampa Bay elected to play for overtime.

UP NEXT

Buccaneers: Host the San Francisco 49ers on Sunday.

Chiefs: Host the Denver Broncos on Sunday.

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AP NFL:

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NHL roundup: Kuemper helps visiting Kings shut out Predators 3-0

Published

5 hours ago

November 4, 2024

Anne Joseph

NASHVILLE, Tenn. (AP) — Darcy Kuemper made 16 saves for his first shutout of the season and 32nd overall, helping the Los Angeles Kings beat the Nashville Predators 3-0 on Monday night.

Adrian Kempe had a goal and an assist and Anze Kopitar and Kevin Fiala also scored. The Kings have won two of their last three.

Juuse Saros made 24 saves for the Predators. They are 1-2-1 in their last four.

Kopitar opened the scoring with 6:36 remaining in the opening period. Saros denied the Kings captain’s first shot, but Kopitar collected the rebound below the goal line and banked it off the netminder’s skate.

Fiala, a former Predator, made it 2-0 35 seconds into the third.

The Kings held Nashville to just three third-period shots on goal, the first coming with 3:55 remaining and Saros pulled for an extra attacker.

Elsewhere in the NHL on Monday:

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DEVILS 3 OILERS 0

EDMONTON, Alta. (AP) — Jake Allen made 31 saves for his second shutout of the season and 26th of his NHL career, helping the New Jersey Devils close their western Canadian road trip with a 3-0 victory over the Edmonton Oilers.

Jesper Bratt had a goal and an assist and Stefan Noesen and Timo Meier also scored. The Devils improved to 8-5-2. They have won three of their last four after a four-game skid.

Calvin Pickard made 13 saves for Edmonton. The Oilers had won two straight.

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