This decision addresses the lawfulness of routine strip searches of youths in custody under the Youth Criminal Justice Act (YCJA) and the Canadian Charter of Rights and Freedoms.
The court found that the routine strip search policy at the Woodview youth detention facility, which permitted strip searches without individualized suspicion and allowed complete nudity despite policy prohibitions, violated s. 8 of the Charter.
The court rejected claims under ss. 7, 12, and 15 of the Charter.
The remedy sought—a stay of proceedings—was denied, with the court instead recommending sentence reductions and judicial pronouncements as appropriate remedies.
The decision emphasizes enhanced privacy protections for youths in custody compared to adults and calls for legislative reform to align youth strip search policies with constitutional standards.
