A more politically acceptable remedy in B.C. might be to have it made a special tort for an administrative official to effect a non-consensual inspection. The tort could be framed so as to be heard by the provincial Ombuds person. It would be similar to that proposed by Paul Weiler for abuse of police powers and wrongful arrest. Mr. And Mrs. McManis, writing in the American University Law Review, suggest a similar tort action for improper administrative inspections. Further following Weiler, it would be best that the Crown pay any damages.
Many statutes presently confer immunity on administrative officers who act in good faith.
Only in cases of bad faith should the officer personally feel the sting of the damage award. The laws of the legislature are mere words on paper. Their application in the world of practice necessarily involves interpretation and discretion. In many cases the welfare recipient welcomes these home visits by Financial Assistance Workers and other social workers. In some cases we are sure that the visits are tolerated as a necessity in order to obtain the government largesse.