The accused was charged with Over 80 and Impaired Driving following a traffic stop.
During police custody, the accused was subjected to a strip search requiring removal of her underwire bra without reasonable and probable grounds.
The Crown conceded the breach of section 8 Charter rights.
The court found the strip search was part of a systemic and routine police practice at the detachment applied without exception to all female detainees wearing underwire bras.
The court granted a stay of proceedings under section 24(1) of the Charter, finding that proceeding to trial would manifest, perpetuate, and aggravate the prejudice to the integrity of the justice system.
The court noted that had the 24(1) remedy not been available, it would have excluded the breath test evidence under section 24(2) and acquitted on the impaired driving charge due to insufficient evidence of impairment beyond the odour of alcohol.