What is the scope of the power of search powers of the SPCA?
British Columbia, Canada
The following excerpt is from R. v. Gibson, 2017 BCPC 237 (CanLII):
In Cloutier v. Langlois, 1990 CanLII 122 (SCC), [1990] 1 S.C.R. 158, L’Heureux-Dubé J. described the purpose of the broad power to search as necessary to “guarantee the safety of the police and the accused, prevent the prisoner’s escape or to provide evidence against him”. The power to search was limited and focussed by the requirement that the arrest was lawful, the search must be related to the purpose for which the person was arrested or for safety, and the search must be conducted reasonably.
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