The appellant was arrested at an airport ostensibly for outstanding traffic warrants, but was subsequently subjected to a rectal examination which yielded heroin.
The Crown conceded that the appellant's rights under ss. 8 and 10 of the Charter were violated.
The Supreme Court of Canada held that the evidence must be excluded under s. 24(2) of the Charter.
The Court found that the police lacked reasonable and probable grounds for the search and used the traffic warrants as an artifice, rendering the highly intrusive search a serious Charter violation that would bring the administration of justice into disrepute if the evidence were admitted.
