Toronto officers are expected to resume security screening of civilians attending the police board meetings at headquarters as early as next week, after Ontario’s highest court ruled such searches are “a relatively minor limit” on freedom of expression.

The Ontario Court of Appeal decision overturns a June 2018 lower court decision that prohibited police from conducting a security search of those entering police headquarters for monthly board meetings, a practice the judge dubbed a “warrantless search” that infringed on the Charter right of freedom of expression.

Since that decision, the special constables who screen citizens entering headquarters — including a bag search and a scan with a metal-detecting wand — have not conducted the screen on those attending the monthly public meeting.

But in a written decision released Thursday, a panel of three Court of Appeal judges ruled the screening — which “protects the safety” of those inside the 40 College St. headquarters — “is an important objective.”

“Sadly, this court can take judicial notice that, in today’s world, places like Police Headquarters in Toronto are attractive targets for terrorists and other criminal extremists,” wrote Court of Appeal Justice David Doherty. “The harm caused by those individuals can be catastrophic.”

Although the court agreed that the screening does negatively affect individual freedom of expression, it found it is “a relatively minor limit.” The panel stated that protecting the public and the police employees inside the building “promotes the values of a free and democratic society.”

The court also noted claims in Toronto police chief Mark Saunders’ appeal application that there have been “many recent incidents” at police headquarters, including “a credible bomb threat.”

In a statement Thursday, the Toronto police board said it was pleased with the Court of Appeal’s decision.

“As always, we remain committed to providing a forum for valuable and meaningful community input in the Board’s governance and policy-making process, which includes public participation at Board meetings in a safe environment,” the board said in a statement.

Allison Sparkes, a spokesperson for Toronto police, said the service is “pleased with the court’s decision and we expect to resume security screening for next week’s board meeting.”

The question of whether the security screening infringes on freedom of expression stems from a one-man constitutional challenge filed by Kris Langenfeld shortly after new security measures were implemented in June 2017.

A regular attendee of Toronto police board meetings, Langenfeld refused to be searched prior to board meetings, saying the security protocol violated his rights.

In her June 2018 decision, Justice Jill Copeland agreed, ruling that requiring searches as a precondition of attending a public board meeting infringed on the Charter-protected right to freedom of expression.

Reached Thursday, Langenfeld said he was “disappointed.” Though he had plans to attend next Thursday’s board meeting, Langenfeld said he no longer knew if he would.

“I’m not inclined to submit to a search. So I’ll have to see what happens on Thursday — I certainly don’t feel comfortable with being searched by police without probable cause or reason for them to do it, other than their fear.”

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Selwyn Pieters, Langenfeld’s lawyer, said he and his client are considering seeking leave to appeal to the Supreme Court of Canada.

“The case isn’t over yet,” Pieters said.

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