The accused was charged with impaired driving and refusing to provide a breath sample after a motor vehicle collision.
At the police station, the accused, who suffered from a panic disorder, was subjected to a routine level three strip search before being lodged in a cell.
The court found that the strip search violated section 8 of the Charter, as there were no reasonable and probable grounds to justify it and it was conducted merely as a matter of routine policy.
Concluding that the police conduct demonstrated a systemic disregard for established constitutional limits on strip searches, the court held that a stay of proceedings was the only appropriate remedy under section 24(1) of the Charter to preserve the integrity of the justice system.
