Confiscating bras not common
Many large Canadian police forces use case-by-case basis for garment seizure
Police forces in nine of Canada’s larger cities abstain from routinely seizing bras from women in custody.
Toronto, Calgary, Ottawa, Winnipeg, Quebec City, Hamilton, Halifax, Oshawa and St. Catharines-Niagara said they treat bra seizure on a caseby-case basis, rather than using mandatory removal.
Vancouver was the one big city contacted by the Star where officers routinely order women to remove their bras when arrested.
The issue came to light last Thursday when lower court Justice Lucy Glenn chastised the Chatham KentPolice Service in the case of 34-yearold Jessica Chater, who had been charged with impaired driving and was ordered to take off her bra in custody. Justice Glenn dismissed the charge citing Charter of Rights and Freedoms violations and remarked that she had never heard of the bra- removal policy, media reports said.
And on Wednesday, the Star reported that 22-year-old Tara Fice said she endured a “traumatic” 27 hours in custody this week after Chatham police made her remove her bra, and later appear braless before a judge.
The Star tried to contact police departments in the 15 most populous urban areas, as defined by Statistics Canada, as well as 10 agencies in smaller Ontario communities.
Many departments view underwire bras as a possible ligature that poses a risk of self-harm, or harm to officers or cellmates. While belts and shoelaces are typically confiscated on arrival at a police station, bras pose a much smaller threat, says Calgary police spokeswoman Tanja McMorris.
“Bras are seized on a case-by-case basis, and are only taken if we have reason to believe that the individual may attempt to take their own life,” she said in an email.
The same applies in Timmins, one of four smaller Ontario communities that replied to the Star.
“It’s standard procedure to bring a woman to the nearest hospital for a mental-health assessment if there’s any indication of them trying to harm themselves,” said Timmins Police Service spokesman Mark Depatie. “In relation to ladies’ undergarments, I think that’s where we draw the line.”
Vancouver officers take a different tack. People arrested and placed in cells must “remove clothing items such as bras, shoelaces and belts, which are believed to be a safety concern for the individual” or cellmates, said spokesperson Sgt. Randy Fincham.
In Winnipeg, bra seizure is warranted only if a strip search is deemed necessary. “Strip searches would be required if the suspect was suspected of concealing drugs or weapons, or other evidence relating to a criminal investigation,” Winnipeg police spokeswoman Const. Robert Carver said in an email.
“Two female officers would conduct the search in a closed room . . . video recorded . . . with the utmost respect and discretion . . . and the bra would be returned once the search was completed” — as long there’s no risk of self-harm.