The accused was arrested for impaired driving and lodged in an OPP holding cell.
She was provided a privacy gown but given no instructions on its use.
When she used the toilet in her cell, she was video recorded with her genitals exposed.
The court found a serious violation of her section 8 Charter rights, noting the police's failure to follow their own policies regarding detainee privacy established after the Mok decision.
Given the egregious nature of the breach and the humiliation suffered by the accused, the court ordered a stay of proceedings.
