During a criminal trial for drug importation, the accused challenged a second strip search conducted by RCMP officers after a prior search by border officials had already occurred.
The search was conducted in a cell with the door open and video surveillance operating, without supervisory authorization and without confirming whether a prior strip search had already taken place.
The court held that the second strip search was conducted as a matter of routine and lacked reasonable grounds, breaching the accused’s s. 8 Charter right against unreasonable search.
Applying the framework from Grant, the court concluded that the seriousness of the institutional breach outweighed the other factors.
The accused’s recorded police statement, obtained shortly after the search, was excluded under s. 24(2).