The accused was arrested for robbery and break and enter, and a search of her satchel revealed fentanyl and cocaine.
She brought a Charter motion seeking a stay of proceedings under section 7 due to the police's failure to preserve video footage from her apartment building, and exclusion of the drugs under section 8 due to the seizure of her underwire bra during a strip search.
The court found no section 7 breach, as the failure to preserve the video did not amount to unacceptable negligence.
The court found a section 8 breach regarding the seizure of the bra, noting the police policy of removing underwire bras without providing a replacement was unreasonable and discriminatory.
However, applying the Grant framework under section 24(2), the court declined to exclude the narcotics, emphasizing the seriousness of the drug trafficking charges and society's interest in an adjudication on the merits.
The application was dismissed.
