An Alberta couple said they were traumatized afterwards The police smashed the window of their living room with an armored car Fired tear gas at their home is just the latest example of a strategy that can have serious consequences. The Canadian Broadcasting Corporation News investigation found that the police mistakenly believed that the house was a drug den, causing more than $50,000 in damages.

Other recent cases discovered by CBC News include A family house in Ottawa was raided In 2016, police officers with rifles believed that their parents had hidden weapons and explosives. They are not and have not made any accusations.

Sarah Inness, a criminal lawyer in Winnipeg, said: “When this type of attack occurs on a homeowner or family, the lasting and significant impact goes far beyond what the property can replace. .” Jurists who critically evaluated 125 samples of Manitoba search warrants A 2017 study.

The criminal lawyer interviewed by the Canadian Broadcasting Corporation said that there are ways to protect people from being attacked by the police. this is okay Proved deadly. The following are some of the possibilities.

To obtain judicial approval for the police to conduct a non-knocking raid

The police almost always need a search warrant to search the house, but then they have a lot of freedom how is it Perform it: knock on the door and announce, or smash the door?

Dean Embry, a member of the Executive Committee of the Criminal Lawyers Association of Ontario, said: “The method of enforcement, if it is also the subject of judicial review before it happens, will definitely help.”

In the United States, 30 states require the police to execute a search warrant by knocking on the door, and must obtain prior approval from a magistrate. Both Embry and his criminal lawyer Kim Schofield pointed out that the Criminal Code already requires the police to obtain special permission to execute search warrants at night.

Vancouver veteran police officer and president of the Canadian Police Association, Tom Stamatakis told CBC earlier this year, “If you want to create more demanding conditions around the use of this strategy or any other policing strategy, then this is entirely appropriate and The responsibility of our province and the federal government is no problem.”

There is a special spokesperson who can fight back against the police

When investigators apply for a search warrant from a justice of the peace or a judge, they are the only ones in the room. The police should provide evidence fully, impartially and frankly, but they cannot guarantee it.

Lawrence Greenspon, an Ottawa criminal lawyer, said: “This is one of the only procedures in the criminal justice system that takes place in the absence of the other party.”

“No one can argue… as to why they shouldn’t get an arrest warrant.”

Greenspen suggested that the court could hire something like Special Advocate In immigration law, independent, security-reviewed lawyers secretly represent non-citizens facing deportation in national security cases.

Ask the police to videotape the non-knock raid

If a police officer violates someone’s constitutional rights when executing a search warrant—for example, an unreasonable aggressive non-knock raid—any evidence found and any criminal charges resulting from it will usually be discarded. But this may be difficult to prove.

“Where there is no video or audio recording, it is actually just evidence from officials, and then evidence from the homeowner or defendant,” Innis said. “The judge was really trapped at that time.”

Many Canadian police forces have equipped some of their officers with cameras that they carry with them.

Easier to get compensation

When Greenspon said that a knock on the door caused heavy losses, but the police found nothing and did not raise any accusations. For the occupants, obtaining any compensation was “an uphill battle.”

“It is obvious what the police will do in defense: they will say,’Look, this is judicially authorized, so you can’t challenge it.'”

The victim’s only remedy is to prosecute, but this may take years. Greensbon fought for the Ottawa couple for five years. Their house was raided in 2016, after which they reached an out-of-court settlement with the city government.

Stamatakis of the Canadian Police Association emphasized that police officers are well-trained and weigh public safety factors, but admit that mistakes can happen. “There are always incidents that will lead to results that no one is satisfied with, but we must also remember that in most cases, these search warrants are executed without incident.”