The accused was charged with sexual assault and committing an indecent act.
The court found the Crown proved the offences beyond a reasonable doubt, relying on the complainant's identification evidence and the arresting officers' observations.
However, the accused was subjected to a strip search at the police station.
The court found the strip search violated the accused's Charter rights, as there were no reasonable and probable grounds to justify it.
Given the systemic failure and high-handed disregard for established law regarding strip searches, the court granted a stay of proceedings as the appropriate remedy.
