Can a court order a security program be considered a governmental action?
Manitoba, Canada
The following excerpt is from R. v. Lindsay, 1999 CanLII 14150 (MB QB):
Even, if the order of a court operating pursuant to its inherent jurisdiction could not be considered governmental action and is therefore not subject to the Charter, I believe that to be justified the security program would still have to be reasonable. The case of Dedman v. The Queen, 1985 CanLII 41 (SCC), [1985] 2 S.C.R. 2, may be looked to by way of analogy. There the program being questioned was a program involving police officers randomly stopping drivers. The principle aim of the program was to detect, deter and reduce impaired driving. There was no statutory authority authorizing the random stops. The court held “that at common law the principal duties of police officers are the preservation of the peace, the prevention of crime, and the protection of life and property, from which is derived the duty to control traffic on the public roads” (p. 32).
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