CONTROLLED DRUGS AND SUBSTANCES - Possession - Selling, trafficking and distributing

Law360 Canada ( September 25, 2025, 9:43 AM EDT) -- Appeal by appellant from convictions and sentencing in four trafficking-related offences. The officers conducted the strip search in a private room about eight hours after police found the evidence at issue. They asked the appellant to remove his clothes one item at a time and did not touch him. The search was audio- but not video-recorded. It took five minutes and did not yield any evidence. There was also approximately 20 minutes delay in providing the appellant the right to counsel. The appellant applied to have the package, cellphones, and his police statement excluded from evidence, alleging breaches of his ss. 8 and 10(b) Canadian Charter of Rights and Freedoms (Charter) rights. The trial judge found that the strip search violated s. 8 of the Charter, because the police did not have sufficient grounds. He did not, however, find any violations of the appellant’s rights under s. 10(b) of the Charter arising out of his initial detention. Having found only a single breach, carried out in good faith well after the evidence was discovered, the trial judge admitted the evidence under s. 24(2) of the Charter. The jury found the appellant guilty of importing heroin, possessing it for the purposes of trafficking, and conspiracy to import it. He was sentenced to a custodial term of five years and four months. The appellant argued that the trial judge erred in finding that the 20-minute delay was Charter-compliant....
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