Monday, January 28, 2008

No search warrant necessary.

Did I mention I'm glad I don't live there anymore?

"Shirlene McGovern, or any other human rights officer, can come into my office whenever she thinks it's reasonable, to 'examine' it. No search warrant necessary. She can even come into my home, if she gets a court order -- but such a court order can be applied for and granted without notice to me. That's the kind of ambush usually reserved for getting warrants to break in on crack houses.

"Again, without a warrant, she can take any documents I have, including on my computer.

"Oh, and section 24(1)(c) allows for such search and seize orders to be granted not just against me but anyone else who refuses to answer questions put by investigators like Shirlene McGovern.

"That's the power of these commissions -- before I'm even found 'guilty'.

Alberta Human Rights Act says: (and if that name doesn't make you fall down on the floor laughing...)

an investigator may do any or all of the following:

(a) subject to subsection (2), enter any place at any reasonable time and examine it;

(b) make inquiries orally or in writing of any person who has or may have information relevant to the subject‑matter of the investigation;

(c) demand the production for examination of records and documents, including electronic records and documents, that are or may be relevant to the subject‑matter of the investigation;

(d) on giving a receipt for them, remove any of the things referred to in clause (c) for the purpose of making copies of or extracts from them.

(2) An investigator may enter and examine a room or place actually used as a dwelling only if

(a) the owner or person in possession of it consents to the entry and examination, or

(b) the entry and examination is authorized by a judge under section 24.

Judge’s order

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