The respondent was detained in a police holding cell and attempted to hang herself using her brassiere.
Police officers forcibly removed her clothing and, when she refused to move into the view of a video camera, handcuffed her to the cell bars while naked.
The trial judge dismissed her action for negligence, assault, and Charter breaches, finding the police acted reasonably and in accordance with policy.
The Divisional Court ordered a new trial on the basis that the trial judge failed to consider her dignity and privacy interests.
The Court of Appeal allowed the police officers' appeal and restored the trial judge's dismissal, holding that the trial judge did not ignore the evidence regarding her dignity and privacy, and that there was no palpable and overriding error.
