The applicants, a mother and daughter, were arrested at Pearson Airport after a sniffer dog alerted to them and customs officers found they were wearing shorts containing cocaine under their dresses.
They brought a motion to exclude the evidence and stay the proceedings, alleging violations of their Charter rights under ss. 7, 8, 9, and 10(b).
The court found a violation of s. 10(b) due to a 41-minute delay in facilitating access to duty counsel, but dismissed the other Charter claims, finding the dog sniff, arrests, and strip searches were lawful in the border context.
Applying the Grant framework, the court declined to exclude the evidence under s. 24(2) and found a stay of proceedings was not warranted.
