The applicant, a commercial truck driver charged with importing cocaine and possession of proceeds of crime, brought a pre-trial motion seeking a stay of proceedings under s. 24(1) of the Charter.
He alleged multiple violations of his ss. 7, 8, 10(a), and 10(b) Charter rights during a secondary examination at the Ambassador Bridge.
The court found that border officers violated the applicant's s. 8 rights by conducting a highly degrading strip search without reasonable and probable grounds or supervisor authorization.
The court also found violations of ss. 7, 10(a), and 10(b), as officers detained and questioned the applicant without advising him of the reasons for detention or his right to counsel, delayed facilitating his right to counsel, and failed to hold off questioning and the strip search until he had a reasonable opportunity to consult counsel.
Concluding that the cumulative violations were egregious and indicative of systemic training and policy failures within the CBSA, the court held that a stay of proceedings was the only appropriate remedy to dissociate the justice system from the impugned conduct.
