The accused was arrested for drug trafficking after police observed a hand-to-hand transaction.
During the arrest and subsequent booking, the accused was subjected to multiple searches, including a frisk search and an authorized strip search.
The accused brought a Charter application alleging breaches of his rights under ss. 7, 8, 9, and 10(b), arguing unlawful arrest, improper strip searches in the field and at the station, and a delay in implementing his right to counsel.
The court dismissed all Charter applications, finding the arrest lawful, the field and booking searches to be valid frisk searches rather than strip searches, the authorized strip search justified, and no deliberate delay in providing access to counsel.
The accused was found guilty of trafficking, possession for the purpose of trafficking, and breaching a release order.
