Shelagh R. Creagh

The appellant was arrested at an airport ostensibly for outstanding traffic warrants, but was subsequently subjected to a rectal examination which yielded heroin.

The Crown conceded that the appellant's rights under ss. 8 and 10 of the Charter were violated.

The Supreme Court of Canada held that the evidence must be excluded under s. 24(2) of the Charter.

The Court found that the police lacked reasonable and probable grounds for the search and used the traffic warrants as an artifice, rendering the highly intrusive search a serious Charter violation that would bring the administration of justice into disrepute if the evidence were admitted.

The appellants appealed as of right from a judgment of the Alberta Court of Appeal that allowed the Crown's appeals from their acquittals on charges of trafficking in cocaine and ordered a new trial.

The Supreme Court of Canada dismissed the appeals, finding no error in the Court of Appeal's decision to direct a new trial.

The Crown appealed a decision of the Alberta Court of Appeal which quashed the convictions of the respondents on a charge of conspiracy to traffic in narcotics.

The issue concerned the validity of an order authorizing the interception of private communications.

The Supreme Court of Canada dismissed the appeal, agreeing substantially with the majority of the Alberta Court of Appeal.