Postal Security and Mail Opening - A Review of the Law

• NCJ Number: 79078
• Author(s): P C Stenning
• Date Published: 1981
• Length: 236 pages
• Publication Format: Document
• Language: English
• Country: Canada
• Note: Working Paper of the Centre of Criminology, University of Toronto.

Annotation

Two papers examine legal issues associated with security within the Canadian Post Office Department, including proposals to grant peace officer status to postal inspectors and the controversial issue of mail opening.

Abstract

In the opening paper, the current legal status and authority of post office security personnel are reviewed, and the legal implications of conferring peace officer status on certain post office security personnel are examined. The current law regarding the use of security hardware in the workplace, particularly surveillance equipment, is outlined and related to the security situation in the post office. The law governing the legal responsibility and liability for the activities of security personnel (including peace officers) and its possible implications concerning criteria for peace officer appointments is explored, followed by a summary of the study's major conclusions, together with some of the author's observations on the findings. Relevant material is appended, and 223 footnotes are listed. The second paper examines the legality of opening mail. It begins by stating that most, if not all, mail is protected by property rights, such that any mail opening by anyone other than the person in whom those property rights are vested without that person's consent must find its legal justification in statutory or common law provisions. Statutory provisions for such mail opening are reviewed. It is noted that the current law governing the legality of mail is contained in a confusing array of statutory and common law provisions whose meaning and application are often unclear. Not only is the terminology used vague in its implications for the legality of mail opening, but some of the essential terms used appear to be subject to interpretation by regulation in general and by official discretion in particular cases. A new bill, introduced in the House of Commons in July 1980, which is designed to eliminate current confusions about mail openings is outlined and evaluated. Footnotes are given, and details of current and proposed legislation in this area are appended. (Author summary modified)