The applicant, charged with aggravated assault, brought a Charter application seeking a stay of proceedings based on alleged breaches of her section 8 and 10 rights.
The court found that a police officer conducted an unreasonable strip search in the field without a caution, violating section 8.
The court also found a section 10(b) breach when a portion of the applicant's telephone call with duty counsel was inadvertently recorded.
However, the court dismissed the remaining Charter claims, including the allegation that videotaping the applicant using the toilet in a holding cell violated section 8.
The court declined to order a stay of proceedings, instead excluding utterances made during the search and the recorded portions of the call with counsel under section 24(2).
