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Joe Hermer

SOCB51Ontario Court of JusticePUSSY PALACEHornick Article The Toronto Womens Bathhouse Committee filed a human rights complaint claiming in part that two female police officers checked inside the bathhouse for liquor violations and then five male officers entered and lingered in private areas The lawyer had an application for an order granting the Applicants a stay of proceedings or in the alternative an order excluding evidence Charges6 counts under the liquor license3 counts of Permit Disorderly Conduct1 count of Fail to Provide Sufficient Security1 count of Permit Liquor to be Removed from Premises1 count of serve Liquor Outside of Prescribed Hours Factsthe 4th pussy palace was held September 14 2000 at a rented bathhouse in Torontoorganized by women for women onlypurposeabout having fun and exploring sexuality in a supportive and safe environmentevent was licensed it was a fundraiser and an admission charge was collectedmost women of the event were in some state undresses2 anonymous complaints received by Police that month so 2 undercover female cops were sent to make observations for alleged breaches of the Liquor License Act later on 5 male cops came in for further pursuit Summary of Applicants Requests 1 Request to exclude the evidence of the police observations As the hosts of the event they have standings They submit they had a reasonable expectation of privacy w respect to men including the male police officers The entry of the male officers was highly unreasonable and series women were not expecting this and many were not fully clothed 2 The police conduct undermined their rights to a fair trail3 Their principle argument is that the police misconduct amounted to an abuse of process To continue the prosecution would violate the principles of fundamental justice protected by section 7 Section 8 The first issue to be determined is do the Applicants have standing to bring an application alleging a breach of Section 8 in the circumstances of this case Did they have a reasonable expectation for privacy Were their personal rights violated Reasonable Expectation of PrivacyA claim for relief can only be made by the person whose charter rights have been infringed it protects people not places2 inquiries must be made1 has the accused a reasonable expectation of privacy2 if he has such an expectation was the search by the police conducted reasonablyA reasonably expectation of privacy is determined on the basis of the totality of the circumstance o This depends on time of searchapplicants were present at the time of the search opossessioncontrolof propertyplace being searchedapplicants were part of the organizing committee and had possessioncontrol of the property by having it rented They got a permit Jill Hornick was in charge of security Rachel in charge of the bar oownership of place rented place thohistorical use of propertythis was the 4 event all which excluded men 1
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