The accused, an inmate at a detention centre, was charged with possessing marijuana after a correctional officer found the drug during a strip search.
The officer conducted the search without the superintendent's authorization, based only on a hunch after seeing another inmate blocking the cell door.
The court found the search violated the accused's s. 8 Charter rights because the officer lacked reasonable suspicion and the search was not authorized by law.
Applying the Grant framework, the court excluded the evidence under s. 24(2), emphasizing the seriousness of the unauthorized strip search and the need to uphold legislated safeguards for inmates.
The accused was found not guilty.
