The Oshawa Express - Bylaw could invade privacy
   
Bylaw could invade privacy


Any time talk of giving more power to the government is on the table it automatically
conjure up images of Big Brother, the lurking omnipresent figure from George Orwell’s classic novel 1984, the one capable of peering in on any unsuspecting person anywhere, anytime.

And while it’s a bit of stretch to compare a proposal from Oshawa city staff that would introduce an inspection bylaw—giving municipal law enforcement officers the power to enter private property anywhere, anytime—to an authoritarian character synonymous with government privacy issues around the world, it’s not too far off the mark.

The bylaw, which is currently nothing more than a staff report and still begs for lengthy discussion at city hall, would let municipal officers inspect homes and businesses to make sure other bylaws are followed, no court order needed. On the surface it appears a surefire way to catch violators faster with less hoops for bylaw officers to jump through before handing out offences.

No one on council seems able to point a finger at a burning issue that could have sparked the need for such a bylaw. One can surmise the housing problem around the college and university ignited the need for city officials to burst into private homes unannounced.

Mayor John Gray, who doesn’t want to share his opinions until he’s been brought up to speed on the subject, believes the bylaw would be targeted at repeat offenders. He says good reason would be needed before an officer enters a home. So we ask, what is a good reason? If you take a look at the report (go online through the city’s website), the bylaw leaves the door wide open for any type of inspection.

As it’s currently written, it appears an officer could knock on your door and demand to see a dog license for the family pet. If the license can’t be produced then you might be looking at a hefty fine. So who has the final say before such an inspection is made? The municipal officer? A city executive?

The city’s lawyer? Council? And why should the city believe it more powerful than our local police department that must follow a search warrant procedure? We may be far removed from the nightmare created by George Orwell but it is power such as this that leaves people feeling vulnerable.

And while Bill 130 did bestow more power upon municipalities across Ontario, giving local government the specific option to pass an inspection bylaw, the option to pursue more power doesn’t mean it should.

We have legal provisions in place through the court system. Mayor Gray says we are getting a little ahead of ourselves but we say it’s never too early to fight a bylaw that promotes invasion of privacy.

 

 

 

 

 
 

 

 
     
     

 

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