The accused, Di’on Jahil Wong, brought an application alleging breaches of his Charter rights under sections 8 (unreasonable search) and 10(b) (right to counsel).
The court found that police delayed facilitating access to counsel without justification and conducted an unreasonable strip search without sufficient grounds, relying solely on the nature of the drug trafficking charge.
The court dismissed the s. 10(a) breach claim and found the pat-down search reasonable.
As a remedy for the s. 8 and s. 10(b) breaches, the court ordered a stay of all charges against the accused, emphasizing the need to denounce police misconduct and preserve the integrity of the justice system, particularly given the invasive and humiliating nature of the unjustified strip search.
