The appellant, a male prison inmate, challenged the constitutionality of cross-gender frisk searches and unannounced cell patrols conducted by female guards under sections 7, 8, and 15 of the Charter.
The Supreme Court of Canada held that inmates have a substantially reduced expectation of privacy, meaning sections 7 and 8 are not violated by these security practices.
Furthermore, the Court found no violation of section 15 equality rights, noting that the historical, biological, and sociological differences between men and women mean that cross-gender searches do not have the same threatening effect on men as they do on women.
Even if a section 15 breach existed, it would be saved under section 1 due to the important goals of inmate rehabilitation, institutional security, and employment equity.
