The appellant, a Black African-Canadian, was subjected to a strip-search and a 'loo search' by Customs officials upon returning to Canada from Jamaica.
No drugs were found.
He sued the Crown and the Customs officers for damages, alleging racial profiling.
The trial judge dismissed the action, finding no racial profiling, but held that the senior officer had misunderstood her duties under s. 98(3) of the Customs Act by merely reviewing the subordinate officer's decision rather than forming her own independent belief.
The appellant appealed, alleging a reasonable apprehension of bias by the trial judge and relying on the s. 98(3) breach.
The Court of Appeal dismissed the appeal, finding no apprehension of bias and holding that the trial judge erred in her interpretation of s. 98(3).
The Court clarified that s. 98(3) requires a review of the initial decision to search, not a de novo investigation by the senior officer.
