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New law could lead to courthouse searches

Andrew Raven
Northern News Services

Yellowknife (Nov 04/05) - Police and sheriffs could soon have the power to search every person entering courthouses in the Northwest Territories under a new law introduced last week in the legislative assembly.

The Courthouse Security Act would also make it illegal to take pictures or record conversations in courthouse lobbies, offenses that could result in six months behind bars and a $5,000 fine.

"This came from a concern we had for the people who work in the courts," said Reg Tolton, an assistant deputy minister in the territorial Justice department.

The search provisions have raised murmurs from some civil libertarians, but Tolton said sheriffs do not intend to frisk every person.

"Our intention is not to be Draconian."

Justice officials are aware of the delicate balance between security needs and Charter prohibitions against unreasonable searches, Tolton said.

"I do not think there would be a situation where (sheriffs) would abuse their authority," he said. Eight other Canadian provinces and territories have similar laws.

The bill was not a response to a specific security breach, Tolton said. It was drafted last year, before a man dumped dozens of live crickets in the Yellowknife Courthouse.

The bill might not prevent such pranks, Tolton said, but it could stop someone from walking into court with a loaded gun.

"We do have concerns that somebody might have a weapon," he said.

Judge's orders now bar cameras and tape recorders from the waiting rooms and hallways that surround the courtroom. Just how far the judicial power extends outside the courtroom is somewhat hazy, however.

The proposed law would clarify the situation and provide clear penalties for breaches - as opposed to the wide-ranging sanctions available to judges under the umbrella of contempt, Tolton said.