The accused brought a pre-trial motion alleging breaches of their rights under sections 8, 9, and 10(b) of the Charter following a warrantless arrest and subsequent strip searches.
The police arrested the accused based on an uncorroborated tip from a confidential informant and conducted strip searches before allowing them to consult with counsel.
The court found that the police lacked reasonable and probable grounds for the arrest, rendering it and the subsequent strip searches unlawful.
The court also found a blatant violation of the right to counsel.
Concluding that the Charter breaches were serious and had a profound impact on the accused, the court excluded the seized drug evidence under section 24(2) of the Charter.
