The applicant was arrested for possession of a Schedule I substance after a drug transaction was observed.
A search of his vehicle revealed cocaine and fentanyl.
At the police station, the applicant was strip searched before being given the opportunity to consult with counsel.
The applicant brought a Charter application to exclude the drugs found in his car, alleging breaches of his s. 8 and s. 10(b) rights.
The court found no s. 8 breach, as there were reasonable grounds for the strip search.
The court found a s. 10(b) breach because the police failed to allow the applicant to consult with counsel before the strip search.
However, the court concluded that the drugs were not obtained in a manner that breached s. 10(b), and even if they were, the evidence should not be excluded under s. 24(2).
