NAWLSEC VK FLR

GOLDEN RULES The landmark case of R v Golden (“Golden”) largely set the rules for strips searches incident to arrest to prevent s.8 Charter violations.1 Per Golden, strip searches are defined as the, “removal or rearrangement of some or all of the clothing of a person so as to permit a visual inspection of a person’s private areas, namely genitals, buttocks, breasts (in the case of a female), or u. [...] If the visual inspection reveals the presence of a weapon or evidence in a body cavity (not including the mouth), will the detainee be given the option of removing the object himself or of having the object removed by a trained medical professional? 11. [...] Will a proper record be kept of the reasons for and the manner in which the strip search was conducted?3 Regardless of the precautions, strip searches are inherently intrusive. [...] A gendered analysis reveals that the sexualization and objectification of female bodies in a patriarchal society largely contributes to the way strip searches are conducted.18 Racial hierarchies and stereotypes that re-establish the dominance and superiority of whiteness also severely impact the selection process in choosing who needs to be strip searched. [...] To protect women and uphold the fundamental values of the constitution, strip searches incident to arrest and at police stations must be investigated as a site of violence.