COURT OF APPEAL FOR ONTARIO
RE:
HER MAJESTY THE QUEEN (Respondent) – and – HEDLEY THOMAS (Appellant)
BEFORE:
MCMURTRY C.J.O., BLAIR J.A. and KOZAK J. (ad hoc)
COUNSEL:
Kristian Bonn
for the appellant
Peter DeFreitas
for the respondent
HEARD & ENDORSED:
August 25, 2005
On appeal from the conviction entered by Justice Robert J. Smith of the Superior Court of Justice dated April 8, 2004.
A P P E A L B O O K E N D O R S E M E N T
1We recognize as the Supreme Court of Canada did in Golden that strip searches are inherently intrusive and often humiliating and should not be conducted as a matter of routine. In the circumstances of this case however, we can find no error in the trial judges exercise of his discretion with respect to s. 24 (2) of the Charter not to exclude the evidence. The appeal is therefore dismissed.
