The accused applied to exclude heroin and statements obtained after his arrest at Pearson International Airport for importing approximately 1.5 kilograms of heroin concealed in personal items and luggage.
He alleged breaches of ss. 7, 8, and 10(b) of the Charter arising from delayed access to counsel and strip searches conducted by CBSA and RCMP officers.
The court found no Charter breach prior to arrest but concluded that CBSA breached s. 10(b) by delaying the accused’s call to counsel and breached s. 8 by conducting a strip search as a matter of routine without articulating reasonable grounds to suspect.
Applying the s. 24(2) framework from Grant, the court held that the heroin and statements should not be excluded because the evidence was reliable, largely discoverable through lawful searches incident to arrest, and the connection between the breaches and the evidence was tenuous.
The court also rejected the request for a stay of proceedings under s. 24(1) and ruled that the accused’s statements were voluntary.
