A youth charged with refusing to provide a breath sample and assaulting a police officer brought a Charter application alleging violations of sections 7, 8, 10(b), and 12.
The court found breaches of the right to counsel under section 10(b) and the right against unreasonable search under section 8.
The police failed to facilitate the youth's right to counsel despite having a realistic opportunity to do so over a sixteen-minute period.
A strip search was conducted as a matter of routine policy without proper authorization, documentation, or regard for the youth's age and rights.
The court granted a stay of proceedings, finding the violations were systemic in nature and no other remedy could address the prejudice to the justice system.
