The accused was arrested at Pearson International Airport after a detector dog alerted to her and a secondary inspection revealed cocaine hidden in her luggage.
She brought a pre-trial motion to exclude evidence, alleging multiple Charter violations and involuntary statements.
The court held that a dog sniff at a border crossing does not violate s. 8 due to a reduced expectation of privacy.
However, the court found a s. 10(b) violation due to an unjustified delay of one hour and forty minutes in implementing her right to counsel, and a s. 8 violation because a customs officer conducted a strip search as a matter of routine policy rather than on individualized grounds.
Consequently, statements made by the accused during the delay in accessing counsel were excluded under s. 24(2), and statements made to an RCMP officer under the guise of bail questions were excluded as involuntary.
