The accused was arrested for drug trafficking and subjected to a strip search, which yielded no drugs.
Drugs were later found hidden in his vehicle.
The accused brought Charter applications under s. 8 and s. 10(b).
The court found the strip search was lawful and did not violate s. 8.
However, the court found multiple serious breaches of the accused's s. 10(b) rights, including the police refusing to allow him to contact his mother to obtain the name of his counsel of choice, delaying his access to counsel, questioning him before his rights were implemented, and failing to keep him informed of efforts to contact counsel.
Applying the Grant framework, the court concluded that the admission of the drugs would bring the administration of justice into disrepute due to the serious and cavalier nature of the police misconduct.
The evidence was excluded under s. 24(2).
